A Manhattan jury began deliberations Wednesday in former President Trump’s New York criminal trial.
Legal experts told Fox News Digital that a conviction in the historic case could have far-reaching implications for the 2024 presidential election and upend New York state criminal case law, while an acquittal would arm Trump with legal challenges to the malicious prosecution.
“Assuming this is an all or nothing case. “A verdict will be reached, but there will be no jurors who disagree on the verdict,” said Trey Gowdy, host of “Sunday Night in America” and a former federal prosecutor.
Manhattan District Attorney Alvin Bragg charged Trump with 34 felony counts of first-degree falsifying business records. Trump has pleaded not guilty to all charges.
LIVE UPDATES: Judge Marchan gives jury instructions ahead of deliberations in New York v. Trump trial
In this courtroom sketch, former President Trump’s children, Tiffany Trump, Donald Trump Jr. and Eric Trump, and his wife, Lara, sit in the front row next to Trump as defense attorney Todd Blanche delivers closing arguments in Trump’s criminal trial, where he is charged with falsifying business records to hide payments made to silence porn star Stormy Daniels in 2016, at a state courthouse in Manhattan, New York City, on May 28, 2024. (Reuters/Jane Rosenberg)
Gowdy, who was in the New York City courtroom where Trump’s case is being decided, said it was unlikely that a jury would find Trump guilty of some charges and not guilty of others.
“We cannot anticipate a verdict of guilty on some charges and not guilty on others, unless it includes minor misdemeanors, in which case there could be consecutive felony and misdemeanor convictions,” he said.
Staten Island attorney Louis Gelormino agreed that the jury would likely return the same verdict on all charges because “the felonies are all pretty much the same.”
“These are just different instances of the same felony,” he told Fox News Digital.
NY v. Trump: Judge Marchan gives jury instructions before deliberations
Former President Trump, accompanied by attorneys Todd Blanche and Emile Bove, arrives for his criminal trial at Manhattan Criminal Court on Wednesday, May 29, 2024 in New York City, New York. (Jabin Botsford/Pool via Reuters)
The charges against Trump in New York relate to payments allegedly made before the 2016 presidential election to keep adult film star Stormy Daniels quiet about an alleged extramarital affair with Trump in 2006.
Prosecutors must convince a jury that Trump not only falsified business records about the hush money payments, but did so in furtherance of a separate crime: conspiring to advance or undermine the election. Bragg’s argument that Trump falsified records to cover up a separate crime elevated what would otherwise be a misdemeanor to a felony.
Gelormino said in his 45 years as a criminal lawyer in New York, he and his law partners have never seen a case like this.
“This is the most absurd and despicable case ever attempted to be convicted, and the fact that it is against a former president of the United States is just too extreme,” he said. “No citizen, no person, should ever be charged with such a crime.”
NY v. Trump: Defense says prosecutors ‘failed to meet burden of proof’, ex-president ‘innocent’
Manhattan District Attorney Alvin Bragg spoke at a press conference in Manhattan, New York, March 7, 2024. (Barry Williams/New York Daily News/Tribune News Service via Getty Images)
If Trump is convicted, he could still run for president, but how that happens depends largely on the verdict. Resolving any appeals could take months or even years, and an appeals court would decide whether to stay the sentence or any terms pending an appeal.
Prosecutors have the option to ask presiding Judge Juan Merchan to increase Trump’s bail to ensure he can attend his sentencing hearing, or to request detention, which would keep Trump in jail until his sentencing hearing. But legal experts say it’s unlikely the 77-year-old man, who has never been convicted of a crime, would be sent to prison.
Gelorminho explained that before sentencing, the former president will have to meet with his probation officer and prepare a pre-sentence report to be presented to the judge. The report, which could take six to eight weeks to prepare, will include a biography of Trump and a recommended sentence. The report will be sent to all parties, and the defense will have the opportunity to propose its own sentence. Marchan will not be bound by the sentencing report.
The Rikers Island prison complex stands against the Manhattan skyline in New York City on June 20, 2014. (AP Photo/Seth Wenig, File)
Probation offices are located throughout New York City, but Gelorminho speculated that officials would make special arrangements for Trump so the former president wouldn’t have to wait hours in the lobby with other inmates. Like other inmates, Trump must follow certain rules while awaiting sentencing, including pleading guilty to a probation officer.
“When my clients have to meet with their probation officer, the judge tells you to do three things: stay out of trouble, don’t get arrested again, and tell the probation officer the truth,” Gelormino said. “So, they ask about the case, and I always tell every client that comes in there, ‘You have to plead guilty, so just tell the probation officer that you agree to what’s on your record.’
Gelorminho said if an inmate convicted by a jury does not admit guilt to a probation officer, the judge will consider that as an “aggravating factor” in sentencing.
NY v. Trump: Prosecutors say they presented “strong evidence” against former president
Former President Trump returns from a lunch break for his hush money trial in Manhattan Criminal Court in New York City on May 28, 2024. (Julia Nickinson Poole/Getty Images)
New York City Mayor Eric Adams said the city’s Department of Corrections and Rikers Island prison are “ready” to house Trump if he is sentenced to prison. Asked whether Trump would be housed alone or with the general inmate population, a Department of Corrections spokesman said, “We will find appropriate housing if he is released into our custody.” The department did not respond to further questions.
Trump would be entitled to Secret Service protection if he were sent to prison, and it is unclear how the Secret Service would work with courts and prison officials to protect him if he is incarcerated.
“I don’t think anybody knows what that would look like. It would be terrible if that were to happen,” Gelormino said.
Another option would be to place Trump under house arrest at his Mar-a-Lago estate in Florida, a move that would have to be coordinated with New York and Florida authorities but would severely limit his ability to campaign for the White House, said David Gellman, a New Jersey-based criminal lawyer and former prosecutor.
“The defendants essentially cannot leave their homes unless they are meeting with their doctors or lawyers. They are also prohibited from traveling. This would amount to major interference with the election because President Trump needs to be campaigning in different states around the country before the election,” Gelman told Fox News Digital.
The third option is probation, in which a Trump-appointed probation officer would wield significant power over the 2024 Republican candidate. For example, Trump would have to apply for permission to travel outside the state, significantly hindering his campaign, and he could be subject to searches and surprise visits and forced to attend meetings at any time.
Could a Trump criminal trial verdict overturn the presidential election?
Gelorminho said there was “absolutely” a risk that politically motivated probation officers would abuse their power over Trump and disrupt his campaign.
“At least in New York City, probation officers tend to be Democrats because the job of a probation officer is politically motivated under the best of circumstances,” he said.
Trump has already called his New York trial a “witch hunt” led by Democrats and described Judge Marchan as a “conflicted” judge, telling reporters during the trial, and alleging mistreatment by a crooked probation officer would not be out of character for a Republican candidate.
If Trump wins the election despite being convicted, he cannot pardon himself because this is a state case. Whether a sitting US president can serve his sentence after being convicted of a state crime is an unprecedented and uncharted legal area.
The other possibility is that the jury can’t reach a verdict, resulting in a mistrial. Gelormino said that in New York, prosecutors typically move to retry within a few months unless they reach an agreement with the defense to avoid a trial. That outcome seems unlikely, given Bragg’s zealous prosecution and Trump’s insistence that he is innocent.
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Former President Trump (center) during a campaign event at Crotona Park in the Bronx, New York, Thursday, May 23, 2024. (Bing Guang/Bloomberg via Getty Images)
Republican New York City Councilman Joe Borelli said if Trump is acquitted, the president would be wise to move on. Police say Borelli helped the Trump campaign get the permits it needed to hold a rally that drew 10,000 people in the Bronx last week.
“I think he should forget about this, move on, let his representatives talk about the criminal charges and in the meantime do the things that are actually attracting and expanding his following in New York,” Borelli said.
But Gelormino said prosecutors have ample grounds to “sue everyone involved” if Trump wants to pursue a legal challenge.
“I think Trump has ample grounds for a malicious prosecution lawsuit from DA Bragg’s office, and I also think he will file a Section 78 lawsuit against the judge for misconduct in office,” Gelormino said. “I don’t know if that would be as effective as a malicious prosecution lawsuit against the district attorney, but knowing Trump and how tenacious he is, I would imagine he’s going to file some kind of lawsuit if he is acquitted.”
Fox News’ Brooke Singman contributed to this report.
