What does a TRUMP presidency look like?

[jimmy olsen]

Punishment for Conspiracy Against Rights:

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

[FunkMonk]

Personally would love to see him sentenced to death. Hell I'd watch it live if they televised it.

[jimmy olsen]

Personally would love to see him sentenced to death. Hell I'd watch it live if they televised it.

https://twitter.com/kylegriffin1/status/1686497045715050496?

New on @MSNBC: The Trump case has been assigned to U.S. District Judge Tanya S. Chutkan.

Chutkan, an Obama appointee, is the only federal judge in Washington, D.C. who has sentenced Jan. 6 defendants to sentences longer than the government had requested.

[FunkMonk]

  

[Syt]

[The Minsky Moment]

The Sentencing Guidelines provide for a base offense level of 18 for the charged offenses - the level is the same whether the offense is treated principally as an election obstruction case, interference with government function,  or deprivation of civil rights (Section 241).  This assumes all enhancements for offense specific characteristics are applied.

A general enhancement of 4 levels would likely be applied as organizer or leader of criminal activity involving 5 or more participants.  It is possible a 3 level enhancement could apply for an "official victim" if Pence were to be found to be an intended victim of the offense.

Assuming an offense level of 22 and no criminal history*, the applicable sentencing range would be 41 to 51 months.  A sentencing judge is not bound to apply the guidelines but must state their reasoning.  Although this case could justify a higher than guidelines sentence, given the political sensitivities, I would expect the judge to stick to the guidelines range.


*As of today, Trump has no criminal history - i.e. no prior convictions.  However, if he were to be convicted on these charges, by the time he is sentenced, he may have also been convicted on charges in the documents case, or for state crimes.  That could push up the guidelines sentence by another 6-12 months, give or take.

[Admiral Yi]

Are sentences appealable?  Either by the prosecution or the defense?

I'm having a hard time imagining Trump doing time.

[DGuller]

That's disappointing to hear.    I was contemplating the scenario where Trump gets sentenced to death before the election, is elected anyway, and is then executed while in office.

[The Minsky Moment]

Are sentences appealable?  Either by the prosecution or the defense?

I'm having a hard time imagining Trump doing time.

Sentences can be appealed by either side; however, federal judges have great discretion in sentencing.  Generally speaking, a successful sentencing appeal is not common and even then, usually involves the sentencing being sent back to the original judge for reconsideration.

As I calculate it, the guidelines sentences that would be applicable in this case and in the documents case are significant enough that a non-custodial sentence would be very unusual.  However, incarceration of a former President obviously presents unique practical concerns, and thus I would expect consideration of a home-based incarceration would be likely.

[Jacob]

What is the likelihood of some sort of appeal making it to the Supreme Court?

[The Minsky Moment]

Pretty likely.

[Jacob]

Pretty likely.

A few more questions:

1. If Trump is convicted prior to the election, would it impact his ability to run (legally, not in terms of popularity)?

2. If he is convicted and he appeals, would that automatically make it so he could still run (if the answer to 1. is yes)? Or would it require some sort of special order from the Supreme Court?

[grumbler]

Pretty likely.

A few more questions:

1. If Trump is convicted prior to the election, would it impact his ability to run (legally, not in terms of popularity)?

2. If he is convicted and he appeals, would that automatically make it so he could still run (if the answer to 1. is yes)? Or would it require some sort of special order from the Supreme Court?

Candidates for office have been elected from jail in the past.  The only conviction that would bar running would be impeachment.

[grumbler]

A side note:   if convicted of any of these felonies, Trump could run but could not vote for himself, as Florida bars felons from voting.

[garbon]

A side note:   if convicted of any of these felonies, Trump could run but could not vote for himself, as Florida bars felons from voting.

I thought I read recently there had been a change to that but Florida was doing something shady like still not letting them vote until they had paid of debts to the state. So sort of nullifying to some extent what voters had tried to change.