Could Donald Trump nonetheless go to jail? Felon president’s crimes in full and destiny defined
Donald Trump is the first US President to have been found guilty at a criminal trial.
The Republican Party leader will move back into the White House after winning the majority votes in the US 2024 Presidential Election – but the second time around, the controversial politician is a felon. Trump, 78, has been found guilty of falsifying business records and currently has four criminal cases stacked against him.
Trump is accused of trying to overturn the 2020 election result and has been charged with conspiracy against the rights of citizens, as well as conspiracy to defraud the US. He previously pled not guilty to all charges and denies any wrongdoing. But what could happen to him now he’s President? The Mirror takes a look…
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Fulton County Sheriff’s Office/AFP via Getty Images)
What is Donald Trump charged with?
Trump currently faces four criminal indictments, including two federal cases and two at a state level. The first of the federal cases against him involves accusations that he mishandled classified documents by taking them from the White House to his Mar-a-Lago residence in Florida after he left office.
Trump has pled not guilty on all accounts and the case was dismissed by a judge in July but later appealed. Trump and his lawyers put the case off until after the US election, and now the case faces an uncertain future.
The second federal case is about Trump seeking to overturn the results of the 2020 presidential election. Federal prosecutors have alleged Trump pressured officials to reverse the results when he was defeated by Joe Biden, spread false information about election fraud and sought to delay the certification of Biden’s victory. Trump has claimed Biden administration is behind the prosecution and denies wrongdoing.
The first of the state court cases is the infamous ‘hush money’ case in Manhattan, which saw Trump convicted of 34 counts of felony fraud. A payment of $130,000 (£103,000) was made to adult film actress Stormy Daniels shortly before the 2016 election, which she claims was to keep her quiet about her allegation that she had sex with Trump, which he denies.
While this type of payment isn’t illegal, Trump’s former lawyer, who paid Ms Daniels, had the transaction recorded as legal fees in Trump’s accounts — which breaks the law. New York judge Juan Merchan delayed the sentencing hearing until after the US election to avoid claims of a political motive. He said the jury’s verdict would “be respected and addressed in a manner that is not diluted” by the election.
The second state charge is in Georgia where it is alleged Trump meddled with the 2020 election. Trump and 18 other defendants are accused of conspiring to overturn his defeat in the state. A leaked phone call in which Trump asked the state’s top election official to “find 11,780 votes” sparked the racketeering investigation. Trump has pleaded not guilty and a date has not been set for the trial.
Could Donald Trump still go to prison?
It is unlikely the former US President will be incarcerated – but it’s not out of the question. Each of the charges against him – conspiracy to defraud the US, obstructing an official proceeding and conspiracy against rights – carry a maximum of four years in prison. However, there are many questions about whether Trump would actually serve time in jail, even if he is convicted.
Karen Friedman Agnifilo, who previously served as the chief of the Manhattan district attorney’s trial division, previously said a Trump victory would be a “get out of jail free card” for the former president. “If he wins [the election], say goodbye to all the criminal cases,” she said, adding: “The criminal cases are over, whether it’s legally or practically.”
Following Trump’s win, it’s expected the judge of the Manhattan case could impose a lighter sentence, a fine, or opt to delay the sentence altogether until Trump finishes his time in office. Paul Butler, professor at Georgetown Law, told the Financial Times: “At this point, Trump has essentially won in all four cases.”