Today Donald Trump and his lawyer will try to convince a NY probation officer not to recommend a jail sentence, but the need for a jail sentence here is overwhelming. Here are 5 reasons why Probation should reject Trump’s arguments and recommend jail for Trump:
1. Trump will cite his public service as POTUS as a mitigating factor, but the fact that he committed this crime while President - he signed fraudulent checks in the Oval Office - is an aggravating factor. His abuse of the American people’s trust by committing crimes while serving as President warrants jail.
2. Trump will argue that his status as the potential future POTUS demands leniency for the good of our country. Jail for Trump would be polarizing, but it would be far worse for this country for the American Presidency to be a get out of jail free card for a convicted felon who refuses to accept responsibility for his crimes.
3. Trump will argue that the charged crime is victimless and harmless. He is wrong. This case is about the subversion of democracy in 2016 that deprived us - the American voters - of accurate information about presidential candidate Trump that could have changed the outcome of the election. A jail sentence would signal accountability to Trump and his enablers as they set the stage for election interference in 2024.
4. Trump will argue that his lack of criminal history and contributions to NY as a successful business mogul support a sentence of probation. But you know who else was a first-time offender? Michael Cohen, who went to jail for the same conduct. The need to prevent an unfair disparity between their sentences justifies jail for Trump, who was more culpable than Cohen as the leader and beneficiary of the crime. And Trump can’t credibly point to a stellar business record and contributions to NY when he owes $464M in the NY civil fraud case (not to mention his numerous other civil lawsuit losses).
5. Trump will argue that he’s amenable to supervision given his USSS detail and media reporting his every move. But we all know Trump won’t follow Probation’s rules because he didn’t follow court orders. See Exhibit A: 10 gag order violations in this case. Exhibit B: new gag order violation when he disparaged the jury after his guilty verdict. Exhibit C: gag order violations targeting Judge Engoron’s law clerk in the NY civil fraud case.