ALAN DERSHOWITZ: Conflicted Trump Judge Has Plethora Of Sentencing Options — But Will He Go For His Jugular?
In attempting to predict the sentence Judge Juan Merchan will impose on Donald Trump, we are certain of one conclusion: If the past is prologue, the sentence will not be motivated by fairness or justice; it will be the harshest sentence Merchan can impose without risking reversal or the possibility that it will help Trump’s electoral prospects.
Such a vindictive sentence could take many forms, excluding actual prison time. Sentencing Trump, a first-time offender, to a prison term for a minor bookkeeping crime would virtually assure a reversal and an outcry from independent voters. (RELATED: ALAN DERSHOWITZ: A Prosecution So Crooked It Would Even Make Joseph Stalin Blush)
But one possibility would be for the judge to impose a significant prison sentence — say two years — and then suspend it. A suspended sentence would send the message that the judge regarded the crime as serious and warranting imprisonment, but, because of the special circumstances of the case, making a presidential candidate actually serve time would be inappropriate.
A harsher alternative would be to impose a prison sentence and merely delay its imposition until after the election. Since this is a state and not a federal case, even if Trump were to be........
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