The One Legal Step That Could Make Putting Trump in Jail ‘Much More Likely', Per Federal Prosecutor

As former president Donald Trump deals with the last stages of his current campaign and the fallout from his criminal conviction, he has been granted a reprieve. Reportedly, the hearing in his hush-money case will not take place until after the November election. However, Andrew Weissmann, a former federal prosecutor, cautioned Trump on Sunday not to rush to celebrate a judicial decision last week. A single alteration, according to Weissmann, could impact everything. 

As reported by HuffPost, Weissmann told MSNBC’s Jen Psaki, "Sentencing Donald Trump after the election, if he loses, makes it much more likely that you can think about sending him to jail." The lawyer went on to say that once that happened, Trump would no longer be a candidate and would just be known as 'citizen Trump.' Moving the sentence until after the election, according to Weissmann, might also make it less likely that the Supreme Court will step in and interfere in the case in the event that Trump loses the presidential campaign. Weissmann concluded, "It just makes it more apolitical."

Additionally, Judge Juan M. Merchan of Manhattan decided on Friday to postpone sentencing Trump until November 26, three weeks after the U.S. presidential election's final tally; the original sentencing was supposed to happen about seven weeks before Election Day, on September 18th. The delay is the most recent stroke of luck for Trump during an election season beset by legal complications. 

As reported by BBC, in his explanation, Merchan said that he was delaying punishment 'to avoid any appearance - however unwarranted - that the proceeding has been affected by or seeks to affect the approaching presidential election in which the Defendant is a candidate.' In his ruling, he emphasized that the court is an unbiased and politically neutral institution, adding that it 'should dispel any suggestion' to the contrary.

Nevertheless, Trump praised the postponement of the hush money punishment. The ex-president reaffirmed his innocence and called the investigation a 'witch hunt' and a 'political attack' on his Truth Social social networking app. Trump claimed, "This case should be rightfully terminated, as we prepare for the Most Important Election in the History of our Country."

Trump was indicted four times since March 2023, putting him in a position where he might face several criminal prosecutions in this election year. His court schedule has been mostly cleared, meanwhile, by a series of judgments over the last two months, culminating in Friday's sentencing postponement. Only one case, involving hush money, has reached trial.

In July, a federal court in Florida rejected Trump's motion to dismiss charges that he had unlawfully retained sensitive records. A different federal lawsuit in Washington, D.C., where Trump is accused of attempting to reverse his 2020 election defeat, has been significantly postponed due to the Supreme Court's immunity ruling. There is also an unresolved election lawsuit in Georgia; no longer can ex-presidents be prosecuted for 'official' conduct, according to the immunity verdict.