Republican Senators Say Judge Should Not Sentence Trump to Prison

Former President Donald Trump was convicted of falsifying business records.
Republican Senators Say Judge Should Not Sentence Trump to Prison
Judge Juan M. Merchan poses in his chambers in New York on March 14, 2024. Seth Wenig/AP Photo
Zachary Stieber
Updated:
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Republicans in Congress are warning a New York judge not to sentence former President Donald Trump to time in prison.

Sen. Ted Budd (R-N.C.) told The Hill that it would be “foolish” for New York Supreme Court Justice Juan Merchan to hand down a term of imprisonment, but added that based on the judge’s actions during the trial, “I would put nothing past him at this point.”

Sentencing President Trump to prison would be a “further abuse of power” and an additional indication that “the courts have been weaponized,” Sen. John Cornyn (R-Texas) told the outlet.

Sen. Chuck Grassley (R-Iowa), the former chairman of the Senate Judiciary Committee, said that given President Trump’s lack of criminal history, he doubts a prison sentence is in the cards.

“It would probably help him get reelected if he’s behind bars,” Mr. Grassley said.

Jurors on May 30 convicted President Trump of falsifying business records with the intent to conceal another crime, a crime with which he has never been charged.

Lawyers for the ex-president vowed to appeal the case all the way to the U.S. Supreme Court if necessary. Will Scharf, one of the lawyers, said over the weekend that he did not think President Trump would end up being subject to any sentence.
“There’s a system in place where you rely on precedent, and somebody like President Trump should never, never face a jail sentence based on this conduct,” Todd Blanche, another attorney, said. “Other 77-year-old, first-time offenders would never be sent to prison for this conduct.”

Sentencing is sometimes delayed as appeals work their way through the court system. Sentencing before Justice Merchan is currently scheduled for July 11.

President Trump could land up to 20 years in prison under state law.

While speaking to reporters after the verdict was announced, Manhattan District Attorney Alvin Bragg declined to say whether prosecutors would seek prison time for President Trump.

Republican members of Congress said that if President Trump does end up in prison, they would still vote for him.

“I’ll vote for Trump even if he’s in a jail cell,” Rep. Darrell Issa (R-Calif.) wrote in a social media post on May 30. Rep. Marjorie Taylor Greene (R-Ga.), among others, offered similar sentiments.

President Trump said over the weekend that he would be fine serving a term of imprisonment.

“I’m okay with it,” he said on Fox News. “I saw one of my lawyers the other day on television saying, ‘Oh no, you don’t want to do that to the president.’ I said: ‘You don’t beg for anything.’”

For the public, though, that may be the “breaking point,” the former president said.

Former President and Republican presidential candidate Donald Trump holds up a fist as he arrives back at Trump Tower after being convicted in his criminal trial in New York City, on May 30, 2024. (Timothy A. Clary/AFP via Getty Images)
Former President and Republican presidential candidate Donald Trump holds up a fist as he arrives back at Trump Tower after being convicted in his criminal trial in New York City, on May 30, 2024. Timothy A. Clary/AFP via Getty Images

Rep. Adam Schiff (D-Calif.) said on CNN shortly after that the comment was “another dangerous appeal to violence.”

He said that prosecutors should recommend a sentence that is the same other people who have been convicted of falsifying business records have received.

“Now, I do think the judge should consider, as any judge would against any defendant, has the defendant accepted responsibility? Have they shown remorse? Are they willing to make restitution?” Mr. Schiff said. “In this case, as you can see from the moment he stepped out of that courthouse, Donald Trump shows no acceptance of responsibility, and that ought to be weighed against him, as the judge would against any American who’s convicted on a multiple counts and takes no responsibility.”

Former Manhattan District Attorney Cyrus Vance Jr. said on NBC on Sunday that he would be surprised by a prison sentence, given factors such as President Trump being the likely GOP nominee for president.

“Now, that said, the court could adjourn sentencing until after the general election and then essentially decide then,” he said.

The U.S. Secret Service previously said that it would still have to provide protection for President Trump if he’s jailed.

“Under federal law, the United States Secret Service must provide protection for current government leaders, former presidents and first ladies, visiting heads of state and other individuals designated by the president of the United States,” a spokesperson for the agency told The Epoch Times.

Justice Merchan during the trial at one point threatened to place President Trump in jail over the former president’s violation of a gag order that was aimed at preventing him from talking about jurors and others.

A written order said further violations would “be punishable by incarceration” if “appropriate and warranted.”

Justice Merchan ultimately did not order President Trump imprisoned.

Zachary Stieber
Zachary Stieber
Senior Reporter
Zachary Stieber is a senior reporter for The Epoch Times based in Maryland. He covers U.S. and world news. Contact Zachary at [email protected]
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