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Tags: andrew napolitano | donald trump | nyc | trial | jail | judge | juan merchan

Judge Napolitano to Newsmax: Inconceivable Trump Will Be Put in Prison

By    |   Monday, 03 June 2024 07:21 PM EDT

There is speculation that Donald Trump could be sentenced to prison on July 11 following his conviction in New York of falsifying business records because Judge Juan Merchan is biased against the former president.

But former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Monday that it is highly unlikely Trump will see prison time.

"The verdict was enough of a travesty," Napolitano told "Carl Higbie FRONTLINE." "Putting the former president in jail to me is inconceivable.

"It is theoretically possible, but highly improbable. Here's why: When you sentence someone — and I have sentenced more than a thousand people — you don't just sentence off the top of your head. You have guidelines written by the Legislature, and [there are] boxes you have to check.

"So, here's the first [three] questions you ask, and it tells you which direction you're going. Jail or no jail. One: Does he have a prior record? The answer no. Two: Is he a danger to society? Answer no. Three: Did he harm anyone? What victim? Answer no. Those first three questions tell you [no] incarceration.

But what happens if Merchan ignores those guidelines and sentences Trump to prison? Trump, who has vehemently denied any wrongdoing and claims his prosecution is politically motivated, is facing a maximum sentence of four years in prison. Incarceration reportedly is rare for people convicted in New York state of felony falsification of business records.

"If the judge puts him in jail, notwithstanding the indicators are for non-incarceration, it would be reversed automatically before the handcuffs were put on [Trump's] hands," Napolitano said. "There are tremendous defects in this case, not the least of which is, 'Hey, Mr. President, do you know what you were convicted of?' No. Neither does the judge. Neither do those of us that watch this stuff for a living.

"Because Justice Merchan [in the jury instructions] did not require the jury, A, to agree unanimously on what the underlying charge was, and B, to even tell us what it was. That is an enormous hole in this verdict through which an appeal will run very soon."

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Michael Katz

Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.

© 2024 Newsmax. All rights reserved.


Newsmax-Tv
There is speculation that Donald Trump could be sentenced to prison on July 11 following his conviction in New York of falsifying business records because Judge Juan Merchan is biased against the former president.
andrew napolitano, donald trump, nyc, trial, jail, judge, juan merchan, crime
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2024-21-03
Monday, 03 June 2024 07:21 PM
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