Former US President Donald Trump. Image: FILE
In Summary:
- Trump is the first former US president to have a criminal conviction.
- Despite his conviction, he can still run for president, but it may impact his chances in the election.
Donald Trump has become the first former US president with a criminal conviction.
Thirty-four charges, an often exasperated judge, and a procession of witnesses culminated in a historic trial. After two days of deliberations, a jury of 12 New Yorkers found Donald Trump guilty on all charges related to his hush-money case. This landmark verdict marks him as the first major party candidate to run for the White House as a convicted felon.
So what happens next?
Here are some key issues to consider.
Can he still run for president?
Yes. The US Constitution outlines minimal requirements for presidential candidates: they must be at least 35 years old, a “natural born” US citizen, and have resided in the US for at least 14 years.
There are no prohibitions against candidates with criminal records.
However, this conviction could influence the upcoming presidential election. A poll by Bloomberg and Morning Consult earlier this year indicated that 53% of voters in key swing states would not vote for the Republican if he were convicted.
Another poll from Quinnipiac University this month showed that 6% of Trump voters would be less likely to support him, which could be significant in a close race.
What happens to Trump now?
Trump has been free on bail throughout the trial and remained so after the verdict was announced on Thursday.
He was released on his own recognizance and is scheduled to return to court on July 11 for a sentencing hearing.
The judge will consider several factors in sentencing, including Trump’s age. The sentence could involve a fine, probation or supervision, or possibly prison time. Trump, who called the ruling a “disgrace,” will almost certainly appeal the guilty verdict, a process that could take months or even longer.
His legal team would challenge the verdict in the Appellate Division in Manhattan and possibly the Court of Appeals.
This means that even after sentencing, it is highly unlikely Trump will be taken into custody immediately, as he is expected to remain free on bail during the appeal process.
What would be the grounds for appeal?
One possible reason for appeal is the evidence provided by adult film star Stormy Daniels, whose alleged encounter with Trump was central to the case.
Anna Cominsky, a professor at New York Law School, noted that while Daniels’ detailed testimony bolstered her credibility, it might also have crossed into being irrelevant and prejudicial.
Trump’s defense team twice requested a mistrial during Daniels’ testimony, but these motions were denied by the judge. Additionally, the novel legal approach taken by the District Attorney may also provide grounds for appeal.
While falsifying business records is typically a lower-level misdemeanor in New York, Trump faced more serious felony charges due to an alleged illegal attempt to influence the 2016 election.
Prosecutors broadly claimed that violations of federal and state election laws and tax fraud were applicable in this case but did not specify to the jury which laws were violated.
Legal experts suggest that questions around the scope and application of federal law could form a basis for appeal. This is the first instance of a state prosecutor invoking an uncharged federal crime, raising questions about the Manhattan District Attorney’s jurisdiction.