Trump's 'advanced age' could spur pity from Judge Tanya Chutkan: analysis

Former President Donald Trump might not get the full force of federal Judge Tanya Chutkan's wrath should he be convicted in special counsel Jack Smith's Jan. 6 case, Kyle Cheney writes for Politico.

The key reason behind a potentially lightened sentence can be found in an unrelated case Chutkan decided Friday; that of Stephen Schechter, an investment banker in his late 70s who pleaded guilty to stashing $5.1 million cash oversees.

"Chutkan dwelled extensively Friday on his advanced age when determining his sentence," writes Cheney. "She described an extreme reluctance to sending the 79-year-old to prison — particularly one she said was in 'frail health' — even as she wrestled with the need to punish a white collar criminal and show that there are 'rules that apply to everyone.'"

Ultimately, Chutkan sentenced Schechter to just one week in jail — a sentence far below the two years sought by prosecutors.

“I don’t have a lot of confidence in the D.C. jail,” she said. “It is not a good place.”

"Federal judges are required to consider, and publicly describe, several factors when they impose a sentence," noted the report. "Among them: the seriousness of the crime, the life circumstances and criminal history of the defendant and the need to deter others from committing similar crimes. Judges often receive recommendations from prosecutors, defense attorneys and probation officers, which tend to guide the final sentence, but they often have discretion to deviate from those recommendations."

The odds that this trial will be held before the election were significantly lengthened this week when the Supreme Court decided to review Trump's claim to presidential immunity.

Should the trial fail to take place before the election, and assuming Trump loses the election and is unable to disappear the charges by taking office, he would be "approaching his 79th birthday" by the time it came time to face sentencing.