The sentencing process.
Tell us more about that.
Yes.
So what will happen
is that Donald
Trump will have to report to pro
And probation will prepare
what's called a pre-sentence rep
where they take certain informat
And this is something
they do
in every case before sentencing
certain information about him,
including whether or not
he expresses remorse,
because that is something
that is normally taken
into consideration for sentencin
When Judge Mershon actually sent
any defendant,
he takes many factors into consi
If you remove the name
Donald Trump from his considerat
and it was somebody who came
before him for a sentence
that also had three open
other felony indictments
in three other jurisdictions
in both state and federal court,
He's somebody who has been convi
of 34 felony counts, was held in
ten times
for disobeying Judge McCann's or
He would absolutely fall
within that 10 to 30%
who would be sentenced to prison
But because his name is Donald T
Who knows what will happen?
But those are the exact factors
that any judge in New York
State would take into considerat
And those are the people
who are convicted of felonies, f
that would go to prison.
Now, he could
he could there's a wide range of
He could get up to four years.
He could also do weekends in jai
There's there's that's as an opt
If Judge Mershon wanted to do th
where you literally report
to jail for weekends,
he could do probation.
He could do community service
where he has to pick up
trash on the subways.
So could he do home arrest?
He could do home arrest.
Every option is on the table
with a Class E felony like this.
But I wanted to just put a persp
for people of what any other def
because I worked in the DA's off
for about 30 years.
I've seen
hundreds of thousands of
cases and sentences.
And those are the factors
that would have gone into that e
And absolutely,
without a doubt, any other defen
who was similarly situated
to Donald Trump,
who is not going to show remorse
and who I am sure will push the
of the still remaining
gag order after this.
We'll see what happens.
But anyone else in that position
would get would get prison. Jami
Jamie, Jamie Gangel,
before the trial began,
I spoke with Michael Cohen,
the defense witness,
the number one witness for for t
I'm sorry, the prosecution
witness, the number one
witness for the prosecution, abo
much has been said about his cre
And that certainly at times duri
the trial appeared
to be potentially undermining.
Obviously, it was not.
What did he say before the trial
and how did it work out?
So we don't know
what the jury took into account
And we may never know
because they may not speak to us
But what Michael
Cohen said,
this was about 24 hours before i
he said
there were going to be
all of these other witnesses.
And in fact,
there were 19 other witnesses
and he saw his job as being the
and that his job was to connect
But that we would forgive me
this is not working, that we wou
all of the documents, the eviden
those Allen Weisselberg
hands scribbled notes.
But he said to me
over and over again,
you're not going to have to rely
You're going to be able
to rely on this other evidence.
We know sentencing date is comin
We know an appeal is coming.
We know they'll make a motion
for a new trial.
We know
all of those things are still ah
Definitely.
So I think you know
what's ahead for everyone
and for Stormy Daniels, her fami
The next big step in
the process is July 11th.
So it's the sentencing hearing.
I do anticipate that
the district attorney will ask
for some sentence of incarcerati
And I do think that
there's a good likelihood
that the judge will impose
some sentence of incarceration.
All right. Pause on that for one
Can I just ask you to the point
that Paula just made.
Do you think that that sentencin
will get delayed
till after the Republican
National Convention?
I think the sentencing
will probably happen
according to the speed
that the trial process should ha
So July. 11th. Yeah.
Many of these judges
in all of these cases against Tr
have said, look, we're going to
the criminal justice process.
We're not going to go to accordi
to the political calendar.
But then they would delay the se
until after.
Yes, I think he will not be goin
To be remanded to prison. 100%.
He will not be remanded to priso
until they exhaust his appeals.
Mark O'Mara,
what do you think about that?
Do you think that that that
jail time, prison
is a real possibility
here from Judge Mershon?
I think it's a possibility.
I do not see this judge,
even with what he's gone through
personally at Trump's sort of fo
I don't think
he's going to put him in jail.
I really don't.
I think the convictions themselv
will be enough punishment
in this judge's eyes for this de
And I do think the defense
is going to do
everything they can to delay Jul
to July,
or to deny the imposition of sen
which I do expect
will not happen until
all of the appeals are finalized
So even if he was given
a sentence on July 11th,
they will stay that
until the appellate process is d
So he will not,
I think, see a sentence
until well into 25. Right.
So that that would assume he los
I mean this continues. Right.
That norm to this point.
Do you agree with that timeline.
Right.
That you're not going to get
an ultimate
appeals ending verdict
until post the election?
I strongly agree with that timel
I strongly disagree.
As Ryan knows, we spent countles
He edited me
putting me to the task, Erin.
He made me look at 10,000
New York
falsifying business records, cas
And here's what I discovered.
That is why he is who he is.
We love him. That's right.
And here's what I discovered. Ye
That in the most serious FBR cas
a sentence of imprisonment
is routinely imposed.
This is the most serious falsify
business records case
in the history of the state of N
I think Alvin Bragg is going to
for a sentence of incarceration,
and I think Judge
Machan will very seriously weigh
So the special treatment
you're saying would be if he wer
given a prison sentence? Right.
And I think
Judge Mershon will look at the c
We've debated this for years.
Alvin Bragg put on
an election interference case.
I noted the words of Trump's tea
that this is an election
interference case. Exactly.
That's what 12 Americans
just found, that Donald Trump
engaged in a conspiracy
to interfere with the 2016 elect
and covered it up.
That's how you get a felony.
The underlying conspiracy
that is as serious a crime, tamp
with American democracy as you c
And the judge knows that.
So I think serious risk of
jail sentence not serving.