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Bush lawyer reveals what judge should do to keep Donald Trump OUT of prison on election night
Former President Donald Trump is hoping to push back his sentencing in the Stormy Daniels hush money case until after the November election, but there is the possibility if that does not happen, the ex-president could spend election night behind bars.
The Republican presidential nominee was convicted by a Manhattan jury of 34 counts of falsifying business records in May. Sentencing is scheduled for September 18, after it was delayed following a Supreme Court ruling.
Former George W. Bush Justice Department official John Yoo told DailyMail.com should that sentencing date stand, Judge Juan Merchan could send the ex-president to jail in the final stretch of the campaign.
'Yes, the judge has the ability to order Trump jailed immediately upon sentence,' Yoo said.
Lawyers for former President Donald Trump said it would amount to 'election interference' to go ahead with scheduled September 18 sentencing in his Stormy Daniels hush money case
Yoo and other lawyers do not expect the ex-president to get jail time as a first time offender, but it is up to the judge.
'This would show how misguided Judge Merchan truly is,' Yoo said. 'Trump is a non-violent, first time offender convicted of accounting fraud.'
Yoo noted Trump has strong arguments on appeal He has strong arguments on appeal and said be believes the former president should win on appeal.
'A sensible judge would allow Trump to be out while his case proceeds,' he noted.
In a letter to Merchan this week, Trump's lawyer Todd Blanche argued for a sentencing delay, citing the risk of 'election interference.'
Blanche wrote that sentencing should be 'adjourned until after the Presidential election' and brought up the failed effort to get Merchan to recuse himself from the case due to his daughter's work for a firm that does digital ad campaigns for Democrats.
President Trump exiting the Manhattan courtroom on May 30 after a New York jury found him guilty on all 34 counts of falsifying business records to cover up payment to Stormy Daniels to keep her quiet before the 2016 election
He also faulted Kamala Harris' new running mate Gov. Tim Walz for having 'wrongly referred to this case in a public speech as the Democrat Party's nominee for Vice President.'
Harris, a former DA and California AG, has made going after 'predators' and other suspects a key part of her stump speech since stepping in for President Joe Biden.
Trump wants to prevent the District Attorney Alvin Bragg's office from filing a sentencing submission while the court is considering Trump's motion on presidential immunity, following the Supreme Court's ruling last month.
The President of the United States has immunity from prosecution for official acts in office, the Supreme Court ruled in a monumental decision in early June with massive implications for presidential powers and the criminal cases against Donald Trump.
The case centered on Special Counsel Jack Smith's prosecution of Trump for allegedly masterminding efforts to overthrow the 2020 election while in office, including on January 6.
The ex-president's team argued that Trump, and any president, must have absolute immunity from prosecution over actions taken while in office or it could impair important decision-making.
The 6-3 decision split along the court's ideological lines ensures that Trump will not face another blockbuster trial before the November election with the case sent back to a lower court to determine what is considered his 'official' versus 'unofficial' acts.
New York Judge Juan Merchan already delayed sentencing following a Supreme Court ruling on presidential immunity
'The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law,' the justices led by Chief Justice John Roberts wrote in the majority.
Judge Merchan is scheduled to rule on the immunity issue on September 16, and Trump's team wants him to put off sentencing until any appeal is allowed to go through.
Despite the ruling, Merchan previously said the September 18th sentencing date 'remains unchanged.' While he has not responded to Trump's lawyers requests yet, Yoo does not expect the delay to be granted.
'Judge Merchan has ruled every chance he has had against Trump, even when Trump has had the law on his side,' Yoo said.
'I think he has managed the trial to humiliate Trump and inflict political harm upon him. I would expect that Merchan would want to sentence Trump before the election and to sentence him to time behind bars.'