Even if convicted, there is barely a chance that Donald Trump will be imprisoned before the general election because his legal team has run-down the clock so that there''d be no time left for sentencing, an expert wrote Monday.
Attorney and former federal prosecutor Ankush Khardori wrote in Politico that there was still time for trials — particularly special prosecutor Jack Smith's Jan. 6 case — to be concluded before November.
But, he said, even if found guilty, Trump will be a free man when the election comes.
"There is no real chance of Trump being imprisoned before November if he is found guilty," he wrote.
Right now, the Jan. 6 trial in Washington, D.C. is still set to begin March 5, but pre-trial hearings have been put on hold until Trump's appeal that he should be immune from prosecution because of the presidential office is hear. Khardori wrote that this was the real threat to Trump pre-election because the other prosecutors had expressed a willingness to defer to Smith on scheduling.
But, Khardori said, if that appeal is unsuccessful, there's still time for the trial to happen before November.
"There are four full months between the end of June, when the Supreme Court finishes its term, and Election Day on Nov. 5," he wrote.
"On paper, that is more than enough time for the trial to take place. Smith’s team has said they anticipate their case against Trump taking four to six weeks. It is rare for criminal defendants to put on substantial or lengthy defense cases after the government rests, though Trump’s lawyers may claim they intend to do so, if for no other reason than to complicate the scheduling of the trial.
' ... When [Judge Tanya Chutkan] originally set the March 4 trial date, she noted that Trump’s political calendar was irrelevant and that “there is a societal interest to a speedy trial.”
But, he wrote, that does not mean the case will be concluded.
"Even after a conviction, the sentencing process would likely take several months, and as a former president, Trump would likely be allowed to remain out on bail while he appealed the verdict following sentencing," he wrote.
Also read: 'He'll shut him down': CNN analyst predicts judge won't take Trump's nonsense in testimony
Though, even as a free man, a convicted Trump will face significant difficulties, he said.
"There is a very real and substantial possibility — arguably more likely than not — that Trump will stand trial in Washington before the general election," wrote Khardori.
"If that happens, he will probably be convicted, and we will then find out in earnest what the actual political consequences are for Trump’s reelection effort."
Despite Donald Trump's overwhelming victory in the Iowa caucuses, polls show that nearly a third of Republican caucusgoers would think he's unfit for the presidency if he's convicted of a crime, Politico reported.
Read the full report over at Politico.
