How Trump’s blowout election win scrambles the sentencing for his felony convictions

Donald Trump is likely to face a mere ‘tongue lashing’ from a judge as his return to the White House looks set to ensure he does not end up doing jail time.

Trump’s stunning election victory was a game-changer and is likely to end the various criminal cases brought against him.

In May, a jury in New York found Trump guilty of falsifying business records related to a hush money payment to porn star Stormy Daniels, making him the first former U.S. president convicted of a felony.

He is due to be sentenced in the case on November 26 by Judge Juan Merchan.

‘I think now the judge is probably going to give him some sort of dressing down,’ New York lawyer Arthur Aidala told

Giving Trump probation looks more complicated now that he is set to run the country, reclaiming one of the busiest jobs in the world. Another option would be community service.

But jail isn’t out of the question, in part because of how Trump repeatedly violated the judge’s ‘gag’ order.

Aidala predicted there would be a blistering statement from the bench as: ‘I think what you did here and how you handled this and how you lied and covered up is horrible. The position you’re about to take leading this country, I hope you’re more honest.’

In another stunning legal development the Justice Department is now looking for ways to wind down its efforts in other cases against Trump.

The Justice Department, through Special Counsel Jack Smith, has spent years building a case against Trump for seeking to overturn the 2020 election results and allegedly absconding with classified documents.

A source close to Trump’s legal defense predicted Smith would now step down.

‘I see everything pointing to dismissal and a resignation,’ the source said. ‘I would not be surprised if in the next two or three days the government moves to dismiss. We’re likely seeing the end of lawfare.’      

DOJ guidelines weigh against prosecuting a sitting president, and the Presidential Transition Act could wrap in a president-elect as well.

It is all part of a dramatic turnaround for the victorious Trump, who once faced 91 criminal charges and is now set to take the Oath of Office after vowing to take ‘retribution’ against his political enemies, including those who prosecuted him.

Trump is scheduled to face sentencing within weeks after his conviction on 34 counts in his hush money trial, and faces up to four years in prison after his conviction in the Stormy Daniels case in New York.

What was already a tough decision for Judge Merchan has grown event tougher, following a blowout win that Trump calls a ‘mandate’ after he campaigned against the prosecutions against him as ‘witch hunts.’ 

‘I think now the judge is probably going to give him some sort of dressing down,’ New York lawyer Arthur Aidala told DailyMail.com.   

He described a potential statement form the bench as: ‘I think what you did here and how you handled this and how you lied and covered up is horrible, the position you’re about to take leading this country. I hope you’re more honest.’

‘And I think he’s going to give him a big tongue lashing, and then probably just punt it,’ he predicted.

Giving a future president probation looks more complicated, now that Trump is set to run the country, reclaiming one of the busiest jobs in the world. Another option is four years of community service – in effect, the presidency.

But jail isn’t out of the question, in part because of how Trump repeatedly violated the judge’s ‘gag’ order.

Complicating the matter is how Merchan lectured Trump co-conspirator Allen Weisselberg, the longtime Trump Organization CFO, when handing down his five-month sentence, saying he wished he could give the cooperator more time.

‘How do you sentence the guy who cooperated and was acting at the main guy’s urgency or direction – how do you give Trump less time than you give Weisselberg?’ he asked. 

But he maintained that because of the election, ‘I think now that’s all f***ing behind us.’

The case is also vulnerable and could wind up at the Supreme Court, where Trump installed a 6-3 conservative majority.

That is impart due to the way prosecutors found a way to link Trump’s porn star payoffs to felony campaign finance violations. 

Some legal experts were already predicting in advance that victory at the ballot box would be Trump’s ‘get out of jail free’ card. 

Merchan could also dismiss the matter himself by invoking the Supreme Court’s new ‘immunity’ decision, although experts say the conduct is likely private and falls outside the scenario for determining what constitutes ‘official’ conduct that is shielded.

The judge now must contend with sentencing the leader of the free world, without looking like his order is sour grapes.

He also might be tempted to consider his own situation, after Trump spent the year going after prosecutors, court staff, and even the judge’s daughter – which was part of what brought the gag order.

‘There’s lunatics out there,’ noted Aidala, who said there was a ‘self-preservation element.’

In another stunning development, Justice Department attorneys are evaluating how to ‘wind down’ cases against Trump, NBC News reported. 

It comes after Special Counsel Jack Smith – who Trump calls ‘deranged’ and has said should be kicked out of the country – tried to race the calendar to bring charges and keep Trump lawyers from stalling.

Now, DOJ officials see no point in continuing litigation Trump has vowed to shut down.

‘Sensible, inevitable and unfortunate,’ former federal prosecutor Chuck Rosenberg told the network.

It all adds up to a stunning turnaround for Trump, who a year ago was facing 91 criminal charges.

By the fall, that number was down to 12, after a complex legal strategy that involved delay, venue shopping, complex arguments about presidential power, and relentless public attacks by the defendant himself.

‘It was a three-pronged attack,’ said the source close to Trump’s defense. ‘It was to attack the legitimacy of the of the actual charges. It was to focus on executive immunity, and then to raise those issues in a criminal case, which you’re entitled to do. And then finally, it was focused on his core First Amendment rights.’

 

Trump faced a string of legal threats going into the elections 

Trump called it ‘the most important election in the history of our country’ – and it’s also the most important to his personal well-being.

For Trump, a defeat at the ballot would have meant much more than a rejection by the voters. It would have kick started the legal morass that has trailed him since he left the White House, even while helping him energize his Republican base.

Now, a newly empowered Trump could have just won himself a get-out-of-jail-free card. 

Sentencing for his New York hush money trial is set for November 26, just three weeks from Election Day, and perhaps an even shorter time from when the outcome is known.

One federal case against him is on hold. And another, relating to January 6 and his election overturn effort has already started moving again – unless Trump gets back in offie and has special counsel Jack Smith fired.

 

Could first-time offender go to jail within weeks?

Judge Juan Merchan postponed Trump’s sentencing in his hush money case until after the election following Trump’s conviction on 34 counts of falsifying business records.

The case is completely separate from powers and immunities Trump will gain after taking office. But many legal experts believe he is unlikely to do jail time, as a first-time non-violent offender.

Weighing against him, Trump was found in contempt times during the course of the case.

If he does get a jail sentence, his lawyers could try to have it delayed. They are also seeking to have the case dismissed in light of the Supreme Court’s decision granting sitting presidents immunity for official acts as president.

Merchan must also assess what kind of reception he would get from Congress were he to throw the book at Trump. Trump’s allies in the House GOP haven’t been shy about demanding testimony from prosecutors or others who are adverse to Trump’s interests. 

 

 What happens to his January 6 case?

Judge Tanya Chutkan is going through the laborious process of determining which of the acts within a superseding indictment in his January 6 case might be impacted by the Supreme Court’s historic immunity ruling.

But the case is very much alive. Trump’s legal gambit paid off and stalled the case for nearly a year. Special prosecutor Jack Smith responded with a superseding indictment that included many of the same charges as the original, while jettisoning others.

Trump has said repeatedly that he will fire Smith, who he calls ‘mentally deranged.’ He said he would fire him ‘within two seconds.’ He has also said Smith should be ‘thrown out of the country,’ a remark that leaves little doubt Trump would act to shut down Smith and his cases.

Smith was appointed by AG Merrick Garland, so the way to get rid of him would be to appoint an attorney general who would fire him. Trump is certain to face a confirmation fight for the AG post, although now that the Democratic majority has fallen they can’t filibuster stop the nomination without Republican support.

Although there are weeks between election and taking the oath January 20th, a Trump election would effectively kill the case, Pace University law professor Bennett Gershman told ABC News.

‘They can continue to do what they’re doing, but it’s not going to really matter if, at the end of the day, Trump is able to appoint an attorney general who will then make a motion to dismiss the charges,’ Gershman said. 

 

Classified documents case already on hold

Trump appointed Judge Aileen Cannon already dismissed his classified documents case in Florida, which as Trump has noted was once viewed as his most serious threat.

Smith is already appealing the decision, so the case could come back to life. Cannon has already had decisions overturned by the 11th Circuit. A Trump win would effectively shut down the appeal.

Trump spent the final days of his campaign railing against the case and claiming he won it, in reference to the dismissal.

 

Election overturn case in Fulton County, Georgia 

Trump’s election overturn case in Fulton County, Georgia was already on the skids following an extraordinary series of events.

Judge Scott McAfee ruled that Fulton County DA Fani Willis could stay on the case, but his decision essentially forced her former lover Nathan Wade to step down from his role as special prosecutor.

Codefendants for Trump and alleged coconspirators continue to try to sue to bump Willis from the case. Arguments before a state appeals court are set for December 6. Trump can also pursue an immunity defense in that case.

Trump lawyer Steve Sadow says the trial should wait until Trump is out of office, when he would be 82. 

 

What about the money awards? 

Judge Arthur Engoron imposed a $364 million fine on Trump in connection with his New York fraud case relating to his business empire, concluded that he lied while securing business loans.

When imposing it, he said Trump showed a ‘complete lack of contrition and remorse borders on pathological’ during trial and concluded that ”the frauds found here leap off the page and shock the conscience.’

Trump is appealing the fine. A New York appeals panel already expressed skepticism about the amount at a hearing in September. Trump’s team argued that the banks got repaid and made a profit.