At some point in the next several weeks,
Donald Trump is supposed to sit down with a New
York City probation officer who will interview him,
something all convicted felons are told to do.
The interview is typically, quote,
a chance for the defendant to try to make a
good impression,
explain why he or she deserves a lighter punishment.
But Trump will likely have to tell the probation officer
he has three other active indictments.
Generally not a thing you want to tell your probation
officer.
Then based on the interview and things like Trump's employment,
his propensity to reoffend, which well,
the probation officer will write a pre sentence report with
a recommendation in anticipation of the sentencing hearing currently scheduled
for July 11th.
A prison or jail sentence for felony falsification of business
records,
which Trump's been convicted of
is not common. We should be clear for a first
time offender.
Citing his own research, lawyer Norm Eisen said,
quote, in the most serious of these cases,
about 10% of the total incarceration was imposed.
But that doesn't mean it doesn't happen.
It does happen. Here's just one example.
In 2015, a New York construction executive pleaded guilty to
just one count of falsifying records as part of a
bribery scheme.
He was sentenced to one year of partial imprisonment,
spending Monday evenings through Wednesday mornings at Riker Island Jail,
but was free the other five days.
George Grasso's retired New York City judge,
30 year veteran in the New York City Police Department.
He had a recent op-ed in New York Times,
Title I supervised New York City judges.
Juan Mershon put on a master class in the Trump
trial and he joins me now.
It's good to have you here.
Great to be with you.
So the normal order of operations here is the person
convicted sits down with the probation officer for an interview
and that probation officer writes up a memo.
How how do they come to their conclusions in that
memo with the recommendation and how important is that those
recommendations in the sentencing default?
Yeah, it's called a pre sentencing investigation and the report
that flows from it.
You know one thing you've mentioned when you're in the
lead up is
the indictments he has pending.
I, I really don't think that should factor in at
all because
he's presumed innocent, right? What could ultimately factor in?
You don't think for a normal,
a normal for another person just convicted.
If you're like, I've got three active indictments,
You don't think a relation officer take that into account?
Well, I think he should,
frankly, I think he should be presumed innocent.
Right here's here's where you think they shouldn't take it
into account.
No, I don't. Right. Here's where his problem may lie
with the other three indicted cases.
If he's convicted of any one of those cases.
Now he's got a conviction on this
134 felony counts. So the convictions
would certainly and must be taken into account
that especially you know when the federal analysis he's got
the January 6th case,
he's got the falsified document case.
These 34 New York felony counts that he's now stands
convicted of
could be a ticket to
to prison on those counts or or certainly a strong
factor.
What they're going to be looking at here
is does he show a sense of accountability?
Does he show a sense of remorse?
He's pretty much already answered those questions.
I mean, we've all heard his
kind of semi crazed, I'm going to say,
in my opinion, semi crazed public statements out of Trump
Tower on Friday where he continues
to unfairly evidence free blasting of the judge and the
entire system.
So we know how that's going to go,
but something that I think will and should be looked
at
very seriously when the probation officer prepares the the pre
sentencing report to the judge,
which the judge, the judge is required to consider but
not necessarily abide by.
It's the judge that makes a sentencing decision
is the seriousness of the conviction.
And you talked about Norm
Eisen's study and and it's not unheard of that people
can go to jail in cases like this.
But all things being equal,
they will also be considering as they must here we're
we have a
77 year old defendant, no prior record,
nonviolent E felony maximum incarceration time,
four years that that will all weigh and should weigh
in favor of the defendant defending Trump in this case,
now convicted defendant Trump. However,
the seriousness in this case,
I think, is rather unique
in terms of just house.
Usually these are like
they're they're falsifying business records to get out of paying
some taxes.
They're skimming money off the top accountants working together
inherent in the falsificate. The connecting charge here was a
violation of of New York election law,
the essence of which two or more individuals engage in
a a conspiracy in order to obtain the election,
prevent someone from being elected or get someone elected.
In this point, it was get someone elected.
Who were the conspirators in this case?
Who were the two or more Donald Trump,
David Pecker, Michael Cohen? So those that election charge,
that's the felony bump up charge.
Like in the case we talked about the construction guy,
it was bribery. It was in in furtherance of a
bribery,
right, right. So that means the unanimous jury
found falsification of business records and the violation of New
York election law.
That's called the essence. My view of that is that's
called corrupting an election,
Corrupting a presidential election, by the way,
not corrupting a presidential election where Donald Trump in 2016,
Bill beat Hillary Clinton in the landslide.
It was a squeaker, I believe roughly
Pennsylvania, Wisconsin and Michigan with total of 80,000 votes.
Now,
the essence of the conviction is it was to ensure
that the
Stormy's Daniel story wouldn't break in the last two weeks
of October,
right on the heels of the Access Hollywood tape.
And by the way, at the same time,
Hillary Clinton was getting hit with the comedy investigation reopening
then and then closing.
It's it's, it's arguably despot.
It was a volatile mix.
And, and, but what is what is clear here?
We will never know, right,
If Trump won because of that,
but we will know that he's convicted of
34 felony counts that in essence corrupted the election in
New York,
in New York State, a presidential election,
in my judgement, that's about a serious,
a serious aversion of falsification of business records being bumped
up to a felony,
as I'm aware of. That's that's very well said.
George Grasso, thank you very much.
Thank you, Chris.