But will he be locked up while pending appeal? This is a felony. He's already attacked the judge's daughter and witnesses. He's violated the gag order 7 times.
Convicted defendants can be immediately sent to jail pending sentencing. This is actually quite common after a felony conviction. Alternatively, a convicted defendant may remain free until sentencing. A judge may even grant bail pending appeal, which means that a defendant may remain outside of custody, even after being sentenced, until the appeal has been heard.
Trump’s case would normally be a good candidate for bail pending appeal. But much will depend on Trump’s behavior during and after trial, because courts do not release people, especially after they have been convicted, if the judge believes they represent a threat to society. Judge Merchan has already warned Trump to
“refrain from making comments or engaging in conduct that has the potential to incite violence, create civil unrest, or jeopardize the safety or well-being of any individuals.” If Trump makes any effort to whip up his followers, as he did before the events of Jan. 6, 2021, he will almost certainly find himself sent directly to jail.
So are we likely to see Donald Trump gagged or jailed? That all depends on Trump. Perhaps he will behave himself. But these things are real possibilities for the former commander in chief, just as they are for any criminal defendant.
The rule of law can sometimes be a harsh mistress.
There is a very real possibility that one of our two major presidential candidates will be a convicted felon and serving time by November. That’s bad enough. But if he is elected despite a conviction, then constitutional crises don’t come much bigger than that.
Jailing an ex and possibly future president would be unprecedented. But these are unprecedented times.
thehill.com