A frequent talking point regarding yesterdays Trump criminal conviction on the media right now is that Trump may avoid a prison sentence because he is a first time non-violent offender. With all due respect, he is not. He has a court established record of both criminal fraud and violence.
Courts may consider almost anything at sentencing, and some things they are compelled to consider, include the defendant’s criminal history and the nature of the offenses for which he has been found guilty. There is no doubt that if the court regards Trump as truly a first time non-violent offender those factors weigh strongly in his favor when the judge holds the sentencing hearing currently scheduled for July 11th.
However, Trump should not be entitled to full consideration as a first time non-violent offender. He now has an established criminal history in the courts for Judge Merchan to consider at Trump’s sentencing hearing. That record is more extensive than you might think.
- A jury found that Trump’s company committed pervasive criminal fraud. While Trump was not directly implicated in this jury decision he is, and was throughout the decade of that pervasive criminal fraud, the head of the company.
- Trump settled cases, paying millions of dollars, and agreeing to close both Trump University and his charitable foundation due to widespread fraud documented within them.
- Judge Engoron, in a completely separate case this February, found Trump civilly liable for violating three criminal fraud statutes dozens of times. The judge imposed nearly half a billion dollars in civil penalties for these criminal law violations and barred Trump from serving as an officer in any New York company for three years.
- A jury found Trump civilly liable for sexual assault, with acts fitting the legal definition of rape in many jurisdictions. The jury found that Trump forcibly inserted his fingers into the woman’s vagina, a violent act amounting to rape in many jurisdictions. This alone justifies removing any benefit Trump might receive as a non-violent offender. The jury also found that Trump lied when he denied doing it.
- Judge Merchan, in this case, found Trump in criminal contempt of court TEN TIMES. In so doing the judge cited the risk of violence created by Trump’s comments.
None of this considers what other grand juries have also charged Trump with. In Washington D.C. a federal grand jury indicted Donald Trump for conspiracies against the United States that included inciting a violent assault on our nation’s Capitol. In South Florida a grand jury indicted Donald Trump for illegally harboring classified documents, lying under penalty of perjury about having them, and tampering with evidence and witnesses in the case. In Georgia a grand jury indicted Trump for being the ringleader in a criminal enterprise to corruptly reverse the legitimate vote in that state in violation of RICO and numerous other state statutes.
Trump is not a “first time offender.” When it comes to business fraud he is, in fact, a repeat criminal offender, a fact recognized in the court of Judge Engoron and elsewhere. Nor is his record one of a non-violent first offender. A jury effectively found that he is a rapist. Judge Merchan in this case found him in criminal contempt because of the risk for violence created by his violation of court orders. When Judge Merchan weighs Trump sentencing on July 11th this court established history of fraud and violence can and should be considered.
You know who was a legitimate first time non-violent offender? Michael Cohen. Michael Cohen who received a three year prison sentence from Donald Trump’s Department of Justice, in part for being Trump’s accomplice in the very crimes Trump was just finally convicted of. In the words of Representative Eric Swalwell: “If you weren’t pissed off when Michael Cohen was convicted for paying hush money to Stormy Daniels you CANNOT be pissed off for Donald Trump being convicted for ordering him to do it.”
Other factors weigh against light treatment for Trump to include his continued complete lack of remorse for his crimes. Unlike Trump, Cohen confessed to his crimes and did express that remorse. Michael Cohen went to jail, with a far better history than Trump, in part for helping Donald Trump commit the very crimes a jury just convicted Trump for.
Trump is not entitled to light treatment by this court. His crimes are serious felonies, intended to conceal other crimes, and he has a long, court established record of similar fraud. His contrite and cooperative accomplice received three years in prison from Trump’s own DOJ while Trump pardoned his criminal cronies who refused to cooperate with investigations against him. Trump should receive at least Cohen’s sentence.
