Trump 'wildcard' could turn 'not-a-jail-case' into a term behind bars: former prosecutor

The crimes Donald Trump is charged with in New York wouldn't lead to jail time for a typical person being convicted of them, but Trump himself has ensured a term behind bars is at least on the mind of the judge, a former federal prosecutor said Sunday.

During an appearance on MSNBC, former Department of Justice white-collar crime prosecutor Ankush Khardori was asked about Trump's criminal hush money cover-up case.

Specifically, the host asked Khardori and Catherine Christian, a onetime assistant district attorney, whether Trump "should" go to jail if he's convicted of the charges.

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"Should Trump go to jail? Catherine, you go first."

"No matter what you feel about Donald Trump, this felony falsified business records is not a jail case in New York," she replied. "There's no prior convictions that involved looting millions of dollars from the company so I don't think if he is found guilty, that Judge Merchan will give him a prison or jail sentence."

Khardori agreed, saying, "I think Catherine's analysis is spot on." However, he said, there's another possibility.

"The only wildcard is that Trump has been so vocal about discrediting the criminal justice system, the judge, and attacking the prosecutors, this or that" he said, adding that "part of the sentencing process is ensuring there is respect for the law and the sentence promotes respect for the law."

"I think Trump's commentary will at least give the judge some pause as to whether or not there needs to be prison time, maybe limited, just to make sure that that conduct does not go unpunished," he said. "Under the federal sentencing law, actually, promoting respect for the law is a statutorily required factor that judges have to consider."

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