Former President Donald Trump will be sentenced to jail on September 18, 2024 — just 34 days from now — when he is sentenced for 34 felony counts of falsifying business records in New York City, according to one Fox News expert.
Judge Juan Merchan, who presided over Trump’s hush money trial in New York, has consistently denied motions for his recusal, most recently rejecting what he called “repetition of stale and unsubstantiated claims” from Trump’s legal team.
The judge plans to rule on Trump’s immunity claim by August 16, just a month before the sentencing date… and his ruling could plunge the 2024 election into chaos.
The immunity claim stems from a July 1st U.S. Supreme Court ruling that former presidents cannot be prosecuted for official acts and that such acts cannot be used as evidence against them. Trump’s lawyers argue that some evidence presented during the trial, including tweets and other communications, could be considered official acts.
Fox News’ Andrew McCarthy, a former assistant U.S. attorney for the Southern District of New York, warned Wednesday that Judge Merchan is almost certain to deny Trump’s immunity motion — and instead will impose a prison sentence on the 2024 Republican presidential candidate.
However, McCarthy believes Trump would likely receive bail pending appeal, meaning he wouldn’t be incarcerated immediately… and if he wins the White House, maybe ever.
On the other hand, Syracuse University law professor Gregory Germain thinks a prison sentence is unlikely.
“Any other defendant would be given probation, and I think it will be very hard for the judge to justify a prison sentence over a records violation,” Germain told Newsweek.
He also warned that jailing a presidential candidate weeks before an election could create a “constitutional crisis, and I would expect emergency motions to stay the sentence pending appeal.”
The timing of the sentencing has critics enraged, coming just two days after early voting begins in Pennsylvania for the 2024 election.
Some, including McCarthy, argue that this timing is politically motivated, allowing Trump’s opponents to label him as “a convicted felon sentenced to prison” during a crucial phase of the campaign.
Manhattan prosecutors contend that the Supreme Court’s immunity decision doesn’t apply to this case, as the charges relate to personal conduct rather than official acts. They argue that Trump conspired with Trump Organization executives to falsify checks and invoices to hide a 2016 hush-money payment to adult-film actor Stormy Daniels.
Meanwhile, the Republican-controlled House Judiciary Committee has launched an investigation into what they term “politicized prosecutions,” requesting documents related to the Trump case from various parties.
As the sentencing date approaches in just 34 days, the outcome will have significant implications not just for Trump’s personal future, but for the 2024 presidential race and the broader American political landscape.