Donald Trump’s election win has forced the DOJ to “wind down” his pair of federal criminal trials, but a top legal analyst believes the president-elect might still be sentenced to prison this month over his hush-money conviction from the summer.
CNN’s senior legal analyst said Thursday he believes there’s still a “50-50” chance that New York Judge Juan Merchan will press forward with a sentencing hearing scheduled for Nov. 26 and order Trump, 78, to spend time behind bars.
“It absolutely is all in Judge Merchan’s hands,” Elie Honig told Jim Acosta in a live segment. “I think it’s going to be a 50/50 call whether it happens or not.”
ADVERTISEMENT
Honig noted that Trump’s team has argued the hearing shouldn’t take place because of Trump’s status as president-elect. After all, the ex-president’s trials prosecuted by Jack Smith are being wound down as Trump will soon posses the power to pardon himself of any federal charges.
However, Trump’s hush-money case—like his racketeering charges in Georgia—are being prosecuted at the state level, meaning the soon-to-be president does not have the constitutional power to pardon himself on those felony charges.
Merchan has given no indication he plans to call off Trump’s hearing in three weeks, but that could change any moment. He’s already pushed back the sentencing twice, with the latest hearing—on July 11—being postponed to be post-election after the Supreme Court issued a favorable ruling for Trump regarding presidential immunity.
If the 62-year-old Merchan keeps the hearing as scheduled this time, Trump could be sentenced to prison or probation for his 34 felony counts as a first-time offender.
Regardless of what goes down in Merchan’s courtroom, however, Honig advised it likely won’t matter for Trump in the near-term. He said even if Merchan were to slap Trump with a prison sentence, the Republican would not have to serve it while he’s transitioning into the White House or while he’s actually in office.
“I think it’s going to be just formal or ceremonial if it comes to that,” Honig said of a potential sentencing.
When pressed by Acosta, however, Honig speculated there’s one scenario where Trump might may be forced behind bars. For that to play out, however, Honig said the prison time would have to be after Trump completes his second term—when he’s 82.
Honig said that scenario would also require Trump to be sentenced to prison before he’s sworn in on Jan. 20. If that happens this month, Trump would likely be granted “bail pending appeal” that would allow him to be free on bail while his certain appeals played out in the courts and during his four years in office.
Honig made clear that post-White House prison time for Trump—despite being technically possible—is unlikely to take place.
“If he’s sentenced to prison, then I think you get into a question of is it actually going to be enforced on and—I don’t know, he’ll be 82 years old at that point,” Honig said. “Maybe. I guess theoretically it’s possible, but that’s, that’s way down the line.”
The Daily Beast Podcast episodes are released every Thursday. Like and download on Spotify, Apple Podcasts, YouTube, or your favorite podcast app. And click here for email updates as each new episode drops.
