OPINION ǀ The scales of justice — should Trump be sentenced to jail?

In Favor of Leniency

In Favor of Hard Time

The felonies are the lightest Class E felony in New York. Less serious crimes get lighter sentences.

But

There were 34 counts. That is a lot of crimes and you can’t overlook the weight of that number.

The 34 felonies were all part of one conspiracy. That reduces their weight.

Donald Trump had no prior criminal convictions. He is a first time offender.

But

Donald Trump has a long history of civil wrongdoing, including fraud and other bad acts. His Trump University was found  guilty of fraudulent tactics towards students. His Trump Organization was found guilty of tax fraud. He was found guilty of tax fraud. He was found guilty of sexual assault and defamation, and then engaged in more defamation and was found guilty again. These kinds of civil wrongs, done in New York, while not criminal convictions, undercut the pristine quality of first-offender. Donald Trump is not a first offender.

Donald Trump is old. At 78 years of age, prison may be a greater hardship.

But

He hasn’t retired from business or politics. If he portrays himself as fit enough to hold the highest elected office in our entire country, he’s fit enough for jail.

He’s a husband, father, and grandfather. His family want or need him in their lives and will suffer if he is locked up.

But

All felons can claim familial relationships. All are sons or daughters of someone; and have siblings or spouses or children or others in their lives. This factor counts little.

He is a former President of our country, the 45th. Having held a position of such dignity and honor, Trump deserves continuing respect. 

But

He wasn’t the President when he committed the crimes. He has shown no respect for the law or the process and to the contrary, has by his words and actions brought our judicial system into unwarranted distrust by some Americans.

He is a candidate for President again. Sentencing him to jail will give the appearance of political interference. Being put in jail would actually interfere with Trump’s ability to campaign.

But

All felons can say they are seeking employment and jail will have negative repercussions. To avoid any due process or political interference, the Court can structure the sentence to start after the election, so that Trump can campaign.

Nothing the judge does will erase the appearance of political interference in the minds of Trump supporters.

However

Justice is blind. It cannot depend on the whims and wishes of a segment of citizens.

Trump is an important, influential man, even without considering his politics. He has a reputation in business and the media that warrants consideration.

But

He has a lot of criminal associates. Convicted associates include Roger Stone, Paul Manafort, Steve Bannon, Peter Navarro, Rick Gates, George Papadopoulos, Michael Flynn, and Allen Weisselberg. Former associates who are also criminals include Kenneth Cheesebro, Sidney Powell, and Michael Cohen. And charged, awaiting-trial associates include Rudy Guiliani, Mark Meadows, Walt Nauta, and Carlos de Oliveira.

Others who have committed similar crimes rarely if ever get sentenced to jail.

But

Michael Cohen, one of the other 2 co-conspirators with Trump in the criminal activity, was sentenced to 3 years for his role in the crime.

Cohen was tried in federal court.

But

It’s still the same conspiracy. It isn’t fair that Cohen goes to jail for 3 years in a crime that serves the purpose of helping Trump, and Trump for his role gets no jail time.

It was a bookkeeping error!

But

The jury found otherwise based on weeks of evidence. And Trump has shown no remorse. None at all.

Trump is going to appeal. He maintains his innocence.

There was no victim! A jail sentence would simply be too harsh.

But

The purposes of sentencing must be one of the following: retribution, restitution, rehabilitation, deterrence or incapacitation. Retribution –white collar crimes, even for other criminal purposes, aren’t usually the type that call for retribution. Restitution—there is no specifically identified harm that can be repaid or fixed. Rehabilitation—Donald Trump is never going to change and it is foolish to think that he could be persuaded to do so. This is the strongest argument against just probation, in my opinion. Deterrence—this is the crown jewel in this case. Jail is the only sentence that may deter Donald Trump from future incidents of the same crime, from “recidivism.” Jail is the only sentence that may deter others from such “bookkeeping errors.” And incapacitation—irrelevant in this situation, as it is used for keeping the most violent offenders out of society.

There is the weight of the unknown pre-sentence report. What it reveals…

But

We do know that Trump is a malignant narcissist. His sole focus is himself. He cannot think of others. We saw him dissociating in court (closing his eyes, sleeping through portions he didn’t want to accept as reality). We hear him confabulating (making up stories to fill in gaps in his life without reference to their consistency or truthfulness). If he is mentally unfit, perhaps treatment is more appropriate than jail? Or perhaps he needs jail so he can get help from real professionals, rather than the yes-men like Dr. Ronny Jackson that he currently surrounds himself with.