Trump Told When He Could Be Jailed And The Impact Of His Imprisonment On Upcoming Election

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Photo: Mandel Ngan/AFP/Getty Images

Law professor and former Bush administration official John Yoo made a striking prediction about the legal future of former President Donald Trump.

According to Yoo, Trump could potentially face jail time as soon as next month when he is sentenced by Judge Juan Merchan, a development that could become a significant factor in the 2024 presidential race.

According to a report by Mediaite on Thursday, August 15, 2024, Anchor Bill Hemmer, during the segment, brought up what he termed as “the story nobody’s talking about,” calling it “the October surprise that’ll hit in September.”

He pointed out that Trump’s sentencing in the Manhattan case, where he was found guilty of 34 counts of falsifying business records, is scheduled to take place in a matter of weeks.

Hemmer noted that Trump has refused to step aside or delay the case despite multiple requests.

“Five weeks from yesterday, Judge [Juan] Merchan will sentence Donald Trump,” Hemmer stated.

“He’s been asked yet again to step aside. He refuses to do that. How do you see this playing out? What does the judge do? What is the impact the day after?”

Yoo, a professor of law at UC Berkeley and a former official under the Bush administration, responded by emphasizing the legal discretion available to Judge Merchan, pointing out that the judge has ruled against Trump at every opportunity in this case.

He expressed concern over the possibility that the judge might impose a harsher sentence than many expect, particularly for a nonviolent, first-time offender.

“It’s excellent you noticed how the calendar is working this way,” Yoo told Hemmer. “Judge Merchan has ruled against Donald Trump every opportunity he’s had. He could have exercised his discretion here to change the sentencing date.

But instead, he actually moved it closer to the beginning of absentee voting in my home state of Pennsylvania.”

Yoo further speculated about the possible outcomes of the sentencing, suggesting that, in an extraordinary turn of events, Trump could face immediate incarceration.

“Could you imagine what would happen if Judge Merchan sentenced Donald Trump to jail time, even though he’s a first-time nonviolent offender?” Yoo said.

“What if Judge Merchan even went crazier and said, Donald Trump doesn’t even get to stay out of jail while his case is on appeal?”

Yoo acknowledged that such an outcome, while within the realm of possibility, remains unlikely.

The legal expert predicted that even if Trump is sentenced to jail, the judge would likely allow him to remain free while his case is being appealed.

However, he highlighted the political ramifications of the timing of the sentencing, which could potentially coincide with key moments in the 2024 election cycle.

“This judge has used the discretion every time to try to force this trial in a political direction that will have an effect on the election,” Yoo concluded.

The case against Trump, which stems from alleged falsifications of business records in relation to hush money payments made during his 2016 presidential campaign, has been highly controversial.

Trump has repeatedly denied any wrongdoing, claiming the charges are politically motivated. His supporters argue that the case represents an attempt to undermine his 2024 candidacy by tying him up in legal battles.

Critics of the Manhattan case also point out that it is considered by many legal experts to be the weakest of the four criminal cases currently pending against Trump.

Despite this, the case has moved swiftly through the legal system, leading to speculation that the timing of the sentencing could have significant political consequences.

The timing of the sentencing—so close to key voting dates—has drawn particular scrutiny.

Absentee voting in Pennsylvania, a battleground state in the upcoming presidential election, begins shortly after the scheduled sentencing.

Any jail sentence, or even the mere possibility of one, could complicate Trump’s campaign efforts, with legal battles continuing to loom large over his candidacy.

If Judge Merchan were to sentence Trump to jail time without granting an appeal bond, it could create a historic and unprecedented situation in American politics: a former president and current presidential candidate jailed during an active campaign.

While such a scenario remains speculative, the potential political fallout could be immense.

Trump’s legal team is likely to fight any sentencing or jail time vigorously, particularly given the proximity to the 2024 election cycle.

However, as Yoo and others have pointed out, Judge Merchan has thus far shown little willingness to accommodate Trump’s legal maneuvers.

The upcoming sentencing in September will undoubtedly be a closely watched event, with significant implications not just for Trump’s legal future, but for the 2024 presidential election as well.

All eyes will be on Judge Merchan as he decides whether to impose a jail sentence on a former president who remains a central figure in the political landscape.

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