Donald J. Trump, the former president and presumptive 2024 Republican nominee, was convicted on 34 felony counts of falsifying business records in a case stemming from a payment that silenced a porn star.
It’s not like Trump is going to prison for this. He’s old, has no record, and did serve as president, regardless of how people feel about it. Plus, he’s going to appeal, which means this thing will drag on long enough to still not matter, sadly.
In the state of New York, you serve time while awaiting appeal. If the judge opts to remand him to house arrest, which I think is the most likely outcome, his ass is staying put until his next court date.
That’s incorrect. It’s at the discretion of the judge to mandate imprisonment, place the felon on home confinement, subject to a curfew, or allow posting bail while awaiting appeal in NY.
Bear in mind that the sentence imposed by the lower court will go into effect while the appeal is being considered by the appellate court unless the trial judge or appellate court stays the sentence or a part of it (orders that it not go into effect). The order staying the judgment of conviction and sentence may include a requirement to post bail.
The “unless” (emphasis mine) is the operative word. The trial judge can choose to exercise discretion, but is under no requirement to specify any changes upon receiving an appeal.
That is to say, the default procedure is, as I said above, the convicted party serves their sentence during the time the appeal is being processed and considered.
You’re technically correct, but your comment may have mislead others to think remaining incarcerated was likely. It’s far more common to allow for exceptions during appeal of a nonviolent crime. He’ll also gain favor as a former President, as the judge will determine eligibility based on character and previous record.
With that being said, I don’t think sentencing will include prison time, due to the fact that they’re nonviolent class E felonies. I hope I’m wrong.
Ooh this is an interesting point! I wonder if the continual fines having no effect to stop him from violating the gag order will give the judge a very defensible reason to sentence for something other than a fine.
While that may mean there is a technical component to it, that’s not what people mean when they’re thinking about it. Being put into a prison is what people are referring to and that isn’t likely to happen.
Exactly. I’m not defending Trump in any way shape or form. But spreading misinformation, disregarding nuance, and ignoring factual details is dangerous and exactly what Republican politicians want. We need to be better than that as a nation.
They literally changed the legal code because of rape apologists since NY was one of the last states that didn’t consider vaginal penetration without consent rape unless a penis was involved.
Which, after and not before you get shaeshanked in the dufrane, you can feel free to distinguish your differences.
Because of dumps vaginally penetrating someone without their consent, regardless of method, that is also legally considered rape in New York
Dumps is a rapist by most legal definitions, his crime is one of rape today because of the sexual assault he committed and was held liable for, and the judge made it perfectly clear that dumps is a rapist in case anyone was confused.
The TL;DR is that the jurisdiction in which the case happened has a very narrow definition of what constitutes rape; It requires penis-in-vagina insertion. Anything else is “only” sexual abuse.
Trump grabbed her breasts and inserted his fingers into her vagina. All of it non-consensually. But where it happened, that isn’t enough to qualify as rape, because it didn’t involve PiV sex. The judge was clarifying that no, the case didn’t say he raped her, but that is only because of the incredibly narrow definition of the word “rape”. The judge was basically saying that in common parlance, (not the jurisdiction’s narrow legal definitions), most people would agree that what Trump did was in fact rape.
The judge’s statement was in response to Trump’s lawyers going “LoL wEll AkShuAllY hE nEveR RapED HeR”, like some sort of “it’s not actually pedophilia it’s ephebophilia, and that’s not as bad” argument. The judge’s statement is also in line with what psychiatric fields and the justice department define as rape, which includes penetration with any appendages or objects. But again, the local laws had a narrower definition.
Also worth noting that New York quickly changed their legal definitions following the lawsuit. Because the lawsuit was a giant beacon to the fact that they were one of the last places in the country to still strictly define rape as PiV penetration.
The point of a TL;DR is to explain the link to third parties, and maybe add some context. I’m assuming you’ve already read the article, and it wasn’t directed at you.
It’s not like Trump is going to prison for this. He’s old, has no record, and did serve as president, regardless of how people feel about it. Plus, he’s going to appeal, which means this thing will drag on long enough to still not matter, sadly.
In the state of New York, you serve time while awaiting appeal. If the judge opts to remand him to house arrest, which I think is the most likely outcome, his ass is staying put until his next court date.
That’s incorrect. It’s at the discretion of the judge to mandate imprisonment, place the felon on home confinement, subject to a curfew, or allow posting bail while awaiting appeal in NY.
https://www.reuters.com/world/us/trump-is-convicted-felon-now-what-2024-05-30/
NYS BAR Association: https://nysba.org/NYSBA/Publications/LegalEASE Pamphlet Series/PUBS_LegalEase_YourRIghtsToAppealInCriminalCase_final.pdf
The “unless” (emphasis mine) is the operative word. The trial judge can choose to exercise discretion, but is under no requirement to specify any changes upon receiving an appeal.
That is to say, the default procedure is, as I said above, the convicted party serves their sentence during the time the appeal is being processed and considered.
You’re technically correct, but your comment may have mislead others to think remaining incarcerated was likely. It’s far more common to allow for exceptions during appeal of a nonviolent crime. He’ll also gain favor as a former President, as the judge will determine eligibility based on character and previous record.
With that being said, I don’t think sentencing will include prison time, due to the fact that they’re nonviolent class E felonies. I hope I’m wrong.
That’s assuming they actually sentence him to any kind of confinement and not just a really big fine (that he can’t and won’t pay anyway).
I mean, that judge is NOT happy with Trump, and has already lamented the fact that fines mean nothing to him.
Ooh this is an interesting point! I wonder if the continual fines having no effect to stop him from violating the gag order will give the judge a very defensible reason to sentence for something other than a fine.
deleted by creator
Cool. They can do that while he sits in a room or a cell tossing ketchup against the walls.
While that may mean there is a technical component to it, that’s not what people mean when they’re thinking about it. Being put into a prison is what people are referring to and that isn’t likely to happen.
But we can still hope
He has a record. He also was convicted of
rapesexual assault and also defaming said woman twice.No, he had a sexual abuse charge, not rape. None of the above was a criminal charge, only civil.
“Judge clarifies: Yes, Trump was found to have raped E Jean Carroll.”
https://www.washingtonpost.com/politics/2023/07/19/trump-carroll-judge-rape/
Whilst sexual assault is terrible we must remember that was determined only on the balance of probabilities and not beyond reasonable doubt.
It may seem like a distinction without a difference, but it’s an important part of our legal system.
Exactly. I’m not defending Trump in any way shape or form. But spreading misinformation, disregarding nuance, and ignoring factual details is dangerous and exactly what Republican politicians want. We need to be better than that as a nation.
Distinctions without a difference aside,
You know what seems like a distinction with a very important difference?
“Judge clarifies: Yes, Trump was found to have raped E Jean Carroll.”
https://www.washingtonpost.com/politics/2023/07/19/trump-carroll-judge-rape/
They literally changed the legal code because of rape apologists since NY was one of the last states that didn’t consider vaginal penetration without consent rape unless a penis was involved.
Which, after and not before you get shaeshanked in the dufrane, you can feel free to distinguish your differences.
Because of dumps vaginally penetrating someone without their consent, regardless of method, that is also legally considered rape in New York
Dumps is a rapist by most legal definitions, his crime is one of rape today because of the sexual assault he committed and was held liable for, and the judge made it perfectly clear that dumps is a rapist in case anyone was confused.
The TL;DR is that the jurisdiction in which the case happened has a very narrow definition of what constitutes rape; It requires penis-in-vagina insertion. Anything else is “only” sexual abuse.
Trump grabbed her breasts and inserted his fingers into her vagina. All of it non-consensually. But where it happened, that isn’t enough to qualify as rape, because it didn’t involve PiV sex. The judge was clarifying that no, the case didn’t say he raped her, but that is only because of the incredibly narrow definition of the word “rape”. The judge was basically saying that in common parlance, (not the jurisdiction’s narrow legal definitions), most people would agree that what Trump did was in fact rape.
The judge’s statement was in response to Trump’s lawyers going “LoL wEll AkShuAllY hE nEveR RapED HeR”, like some sort of “it’s not actually pedophilia it’s ephebophilia, and that’s not as bad” argument. The judge’s statement is also in line with what psychiatric fields and the justice department define as rape, which includes penetration with any appendages or objects. But again, the local laws had a narrower definition.
Also worth noting that New York quickly changed their legal definitions following the lawsuit. Because the lawsuit was a giant beacon to the fact that they were one of the last places in the country to still strictly define rape as PiV penetration.
You might be intending to reply to someone else, I actually explained these exact points in a couple other comments.
Oh, are you just adding a general tldr for everyone who isn’t aware? Got it.
The point of a TL;DR is to explain the link to third parties, and maybe add some context. I’m assuming you’ve already read the article, and it wasn’t directed at you.
I think you might be intending to reply to somebody else, I just wrote that to you in the previous comment.