'Uncomfortable': Expert says Trump will 'fail' upcoming court mental health questions

Donald Trump is about to be put even more out of his comfort zone as the legal system continues to put its weight upon him now that he's been convicted of 34 felonies.

Trump started fundraising after the jury of his peers found him guilty in the case where he was accused of paying off a porn star to hide an alleged affair for the purposes of impacting the 2016 election. Trump's biographer, David Cay Johnston, said he'd be "surprised" if the ex-president was sentenced to fewer than 30 days in jail.

David Henderson, a legal analyst described by CNBC as "a seasoned trial lawyer, civil rights attorney, and communications consultant," appeared on MSNBC on Saturday to discuss another aspect of the legal proceedings.

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The host, Yasmin Vossoughian, brought up the restrictions in place for former president Donald Trump in the lead-up to the sentencing on July 11. Specifically, she asked about "presentencing interviews" that could involve Trump's family and other close associates, such as Alina Habba.

"What is required by the former president throughout that process?" the host asked.

"What is required depends on whether or not he wants to be sentenced to probation as opposed to go to jail," Henderson replied. "They're not strict requirements but highly persuasive for the person who will ultimately be deciding your fate."

He continued:

"The first big question that's asked in interviews is what is your criminal history? Former president Trump doesn't have any. He aces that part of the interview. They will ask do you have any substance abuse issues or issues to alcohol we should take into consideration? He claims he does not. He aces that part of the interview."

Then, Henderson brought up the "questions he will find uncomfortable."

"For example, they are allowed to assess his mental health and determine whether or not he needs counseling and whether or not he would cooperate with participating in counseling. I think he fails that part of the exam. And they will also ask how he feels about the charges brought against him and whether or not he accepts the jury verdict. As you said, he doesn't have to answer but the problem here is it's not difficult to look at statements he's made publicly about both and it's impossible for Judge Merchan to ignore those and it's impossible to ignore the fact that Judge Merchan appears to be someone who cares about fairness and it's almost impossible not to compare Trump with Michael Cohen."

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