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Donald Trump could be blindsided by an 'October surprise' that would obliterate his chances at retaking the White House, a former Bush administration official has said.
Legal scholar John Yoo sounded the alarm that the former president could wind up in prison - as soon as next month.
Trump has been desperately seeking to hold off his sentencing hearing until after the election, following his conviction by a Manhattan jury of 34 counts of falsifying business records.
But the controversial Judge Juan Merchan has consistently denied his appeals.
While speaking to Fox News host Bill Hemmer on Thursday, Yoo said Merchan wields the power to 'order Donald Trump...to jail immediately.'
Trump could face an 'October surprise' in the form of a jail sentence, according to law professor John Yoo
Yoo, a former Bush administration official, has sounded the alarm that Donald Trump could wind up in prison as soon as next month
An October surprise historically refers to a significant news event that takes place in the closing weeks of a presidential campaign.
Hemmer called Trump's possible sentencing as 'the story nobody's talking about.'
Yoo agreed, explaining that a possible jail sentence is 'the October surprise that'll hit in September.'
'Five weeks from yesterday, Judge Merchan will sentence Donald Trump,' Hemmer said.
The former Bush official acknowledged that 'the calendar is working this way,' and much to the former president's disadvantage.
Trump's legal team has unsuccessfully tried to get Merchan to recuse himself from the trial on three separate occasions.
Merchan has been slammed for a possible conflict of interest due to the fact that his daughter has worked at a political consultant for Democrats.
New York Judge Juan Merchan already delayed sentencing following a Supreme Court ruling on presidential immunity
By invoking the Supreme Court's recent ruling on 'presidential immunity,' Trump is seeking to overturn his conviction.
If his bid fails, the former president will be sentenced on September 18.
'[Merchan has] been asked yet again to step aside. He refuses to do that. How do you see this playing? What does the judge do?'
'Merchan has ruled against Donald Trump every opportunity he’s had,' Yoo continued.
Yoo, a distinguished legal professor, has been critical of Manhattan District Attorney Alvin Bragg's prosecution of Trump, calling it 'open season on former presidents.'
Lawyers for former President Donald Trump said it would amount to 'election interference' to go ahead with scheduled Sept. 18th sentencing in his Stormy Daniels hush money case
'He could have exercised his discretion here to change the sentencing date. But instead, he actually moved it closer to the beginning of absentee voting in my home state of Pennsylvania,' Yoo added.
A key battleground state, Pennsylvania is currently leaning toward Harris, according to the latest surveys.
'Could you imagine what would happen if Judge Merchan sentenced Donald Trump to jail time, even though he’s a first-time nonviolent offender?' Yoo asked.
'What if Judge Merchan even went crazier and said, Donald Trump doesn’t even get to stay out of jail while his case is on appeal?' the legal scholar continued.
'Could you imagine what would happen if Judge Merchan sentenced Donald Trump to jail time, even though he’s a first-time nonviolent offender?' Yoo asked
Then Yoo raised a shocking prospect.
'[Merchan] has the power to actually order Donald Trump sent to jail immediately,' he said, before qualifying the statement: 'although I expect he wouldn't.'
'But this judge has used the discretion every time to try to force this trial in a political direction that will have an effect on the election,' the former Bush official concluded.
On May 30, the former president was found guilty of 34 counts of falsification of business records in an effort to conceal reimbursements to a lawyer who had wired 'hush money' to porn star Stormy Daniels in order to keep her quiet about an alleged tryst.
On May 30, the former president was found guilty of 34 counts of falsification of business records
Trump's lawyers are now endeavoring to postpone the trial's sentencing until after the presidential election.
In a letter to Judge Merchan, Trump lawyer Todd Blanche argued that the current schedule courts the risk of 'election interference.'
'Setting aside naked election-interference objections,' Blanche wrote. 'There is no valid countervailing reason for the Court to keep the current sentencing date on the calendar.'
'There is no basis for continuing to rush.'