After losses on Thursday at the US Supreme Court and the highest state court in New York, Donald Trump’s “hush money” sentencing is set to continue in Manhattan today, January 10. Judge Juan Merchan will sentence the president-elect. While a custodial sentence has already been ruled out, the world watches to see what punishment shall be levied against The Donald. And, of course, speculation is rife regarding the next steps for his legal team.
We spoke with Liberty Nation News’ legal affairs editor, Scott D. Cosenza Esq., to figure out the possible sentences, the appeals process, and what this ultimately means for Donald Trump and his upcoming presidency.
Trump Takes a Hit
Mark Angelides: Scott, Thursday saw Trump filings rejected in the highest courts possible. Trump’s team tried to stop the actual event from taking place. Is it a case of other options being available after sentencing?
Scott D. Cosenza: There are many paths to a future victory for President Trump and to a reversal of this conviction after it is imposed, both in state and federal courts.
The United States Supreme Court order denying Trump’s petition said, “the alleged evidentiary violations at President-Elect Trump’s state-court trial can be addressed in the ordinary course on appeal.” Conservative Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh said they would have granted Trump’s request. Appellate judges strongly prefer looking at completed cases, so while Amy Coney-Barrett and Chief Justice Roberts did not join their more conservative colleagues at this stage, that doesn’t necessarily mean Trump wouldn’t be successful on a return trip to the Supreme Court.
MA: I think the question everyone wants answered is what sentencing options are available to Judge Merchan, and which will he most likely choose?
SDC: We should regard with skepticism anyone who says they can tell what Merchan is likely to do. This is a novel application of the law against a first-time offender who is the president-elect! He said he was inclined “to not impose any sentence of incarceration.” If you read that carefully, it’s far from a guarantee. After witnessing Merchan’s other rulings and previous behavior, I think anything is possible. The smart-money bet, however, is a far less incendiary outcome of essentially no penalty beyond the felony conviction record itself.
MA: Would that come with any restrictions for Trump?
SDC: Merchan could try to attach any number of restrictions. Any one of these will be immediately appealed. We should expect appeals courts to quickly stay the imposition of any restrictions on Trump.
MA: There has long been an air of politics to this case, and it seems to many that the whole purpose of the prosecution was to attach the moniker of “convicted felon” to then-candidate and now-President-elect Trump. So, when Merchan delivers the sentence, does it become official?
SDC: Yes. It’s a progressive’s dream come true and emblematic of how deep the establishment rot goes for the rest of us.
MA: What do you suspect the Trump legal team will do after the sentence is passed, and what is the timeline for this kind of action?
SDC: Trump will appeal soon after his conviction is entered. I expect the courts of appeals will act quickly for them in examining his claims.
MA: Moving to a more political question than legal for the moment, Scott, it doesn’t appear that the case hurt Donald Trump in any meaningful way. However, it has damaged the trust value that a lot of Americans have in the judicial system. How does it come back from the brink of disfavor?
SDC: The Biden administration weaponized the DOJ and colluded with Democrat prosecutors at the state and local levels to hobble and ruin Trump’s political chances. When you find yourself in a hole, stop digging. For the DOJ, I suggest this means eschewing novel interpretations of the law criminalizing the activity of political rivals.
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