in this sentence biography meaning

"You are the former president of the United States and possibly the next president , as well," said Justice Juan Merchan, reflecting on the momentous weight of such a decision.

Whether to jail the Republican Party's presumptive nominee for president is a choice that Merchan may soon face again, if jurors in Trump's "hush money" case vote to convict him . Jurors began deliberations over reaching a verdict on Wednesday after receiving instructions from the judge.

What exactly would happen if the jury finds Trump guilty is difficult to predict. Trump is being tried in New York state court, where judges have broad authority to determine when sentences are handed down after convictions and what exactly they will be, according to former Manhattan prosecutor Duncan Levin. That differs from federal court, where there's typically a waiting period between a conviction and sentencing. 

"It's much more informally done in state court. I've had cases where the jury comes back and says, 'guilty,' and the judge thanks the jury, and excuses them, and says, 'Let's sentence the defendant right now," said Levin. "Obviously, everything's a little different about this case than the typical case."

Each of the 34 felony falsification of business records charges that Trump is facing carries a sentence of up to four years in prison and a $5,000 fine. He has pleaded not guilty.

Norm Eisen, an author and attorney, recently analyzed dozens of cases brought by the Manhattan District Attorney's Office in which falsifying business records was the most serious charge at arraignment. He found that roughly one in 10 of those cases resulted in a sentence of incarceration. But he also cautioned that those prosecutions often involved other charges and noted the dynamics at play in Trump's case make his sentence particularly hard to forecast.

If Trump is found guilty, Merchan would have fairly wide leeway in determining a punishment, including sentencing Trump to probation or house arrest.

Levin said the option of confining Trump to his home, followed by a period on probation, might be appealing to Merchan, who has repeatedly indicated he's concerned about limiting a presidential candidate's ability to speak freely. Such an option would allow Trump to do interviews and access social media from his home.

From the day Trump was first arraigned , on April 4, 2023, Merchan has said he was loath to interfere with Trump's ability to campaign.

"He is a candidate for the presidency of the United States. So, those First Amendment rights are critically important, obviously," Merchan said that day.

And on May 6, he opined more broadly on the additional people who would be burdened by jailing Trump.

Merchan called incarceration "truly a last resort for me," saying, "I also worry about the people who would have to execute that sanction: the court officers, the correction officers, the Secret Service detail, among others."

Still, that day, he cautioned Trump that jail is not out of the question.

"I want you to understand that I will, if necessary and appropriate," Merchan said.

It's a possibility that officials in state and federal agencies, including the Secret Service, have already had to consider, conferring after the judge in the case threatened Trump with jail after his 10th violation of a gag order. As a former president, Trump is entitled to Secret Service protection for the rest of his life, wherever he happens to be. Behind bars, corrections officers would in turn be responsible for protecting those agents assigned to Trump.

Where Trump might serve any jail or prison sentence is one of many factors that remains up in the air. Shorter sentences can be served at the city's Rikers Island Jail Complex, which has two wings that are typically used for high-profile or infamous inmates. (Neither, of course, has ever held someone who comes with his own security detail.)

Officials must have a plan in place, just in case, said Levin.

"He could be remanded on the spot," Levin said.

Katrina Kaufman and Nicole Sganga contributed reporting.

Editor's note: This article previously mischaracterized the nature of discussions between local and federal officials.

• Donald Trump

Graham Kates is an investigative reporter covering criminal justice, privacy issues and information security for CBS News Digital. Contact Graham at [email protected] or [email protected]

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What Penalties Could Trump Face if He Is Convicted?

Each of the 34 counts carries the possibility of up to four years in prison, but incarceration is not a given: Justice Juan M. Merchan could instead opt to impose a sentence of probation, with no prison time.

• Share full article

By Kate Christobek

• May 29, 2024

If Donald J. Trump is convicted, it will be up to Justice Juan M. Merchan to decide whether his punishment will include prison time.

Mr. Trump is charged with 34 counts of falsifying business records related to the coverup of a $130,000 hush money payment that was made to the porn star Stormy Daniels in the days leading up to the 2016 election.

All of the charges are class E felonies, or the lowest category of felony in New York State.

Each count carries the possibility of up to four years in prison. But if Mr. Trump is convicted on more than one count, Justice Merchan would likely impose the punishment concurrently, meaning he would have Mr. Trump serve prison time on each of the counts simultaneously.

Incarceration is not a given: Justice Merchan could instead opt to impose a sentence of probation, with no prison time. Mr. Trump would then be required to regularly report to New York City’s Probation Department. He could also be jailed immediately if he committed additional crimes.

Justice Merchan would likely hand down Mr. Trump’s sentence several weeks after the guilty verdict. But it’s possible that any punishment could be delayed.

Mr. Trump, who is again the presumptive Republican presidential nominee, will undoubtedly appeal any conviction, a lengthy process that could take months or longer and would likely not be resolved before Election Day. In that case, he would likely remain free until the appeal is resolved.

There has been no indication yet of what Justice Merchan would decide, though he has made it known that he takes white-collar crime seriously. Mr. Trump has continually attacked and decried him as “biased” and “corrupt.”

Kate Christobek is a reporter covering the civil and criminal cases against former president Donald J. Trump for The Times. More about Kate Christobek

Our Coverage of the Trump Hush-Money Trial

News and Analysis

After seven weeks of legal wrangling and tawdry testimony, Donald Trump’s criminal trial is in the hands of the jury , the final stage of the landmark case. Here’s how the deliberations work .

If Trump is convicted, it will be up to the judge, Justice Juan Merchan, to decide whether his punishment will include prison time. Incarceration is not a given .

The scene outside Trump’s trial mellowed a bit as deliberations began, but even a more sedate day includes spectacle and confrontation .

More on the Trump Investigations

Case Tracker:  Trump is facing multiple criminal cases related to his business and political activities. Follow the latest developments .

What if Trump Is Convicted?: Will any of the proceedings hinder Trump’s presidential campaign? Here is what we know, and what we don’t know .

Election Interference Cases: In Arizona , Georgia , Michigan  and Nevada , several allies of Trump are facing charges  related to efforts to keep him in power after he lost in 2020.

Trump on Trial Newsletter: Sign up here  to get the latest news and analysis  on the cases in New York, Florida, Georgia and Washington, D.C.

• Donald Trump

If the Jury Convicts, Trump’s Future Will Be in Judge Merchan’s Hands

I t’s up to the jury to decide if Donald Trump is guilty or not. If he’s acquitted, that’s the end of the trial, and prosecutors can’t charge him again for the same crimes. But if the jury comes back with a guilty verdict, nearly everything about what happens next would be up to Judge Juan Merchan .

The experienced New York Supreme Court judge who has presided over Trump’s Manhattan trial for six weeks will have several thorny decisions before him including whether he should send a former President to jail or probation, and if any sentence should be postponed until after Trump has exhausted his appeals. Every decision would reverberate across the political landscape and, depending on the timing, could greatly affect the election in November.

That’s a lot of power vested in one person. Here’s a look at the decisions that Merchan would face involving Trump’s future after a conviction.

Revisiting Trump’s bail conditions

The first decisions would come almost immediately after jurors notified the judge they had found Trump guilty. After that, the jury’s duties would be complete and Judge Merchan would dismiss them.  It would be up to jurors to decide if they want to talk to reporters or the legal teams after the case about why they voted the way they did.

At that point, prosecutors would have an opportunity to ask the judge to increase Trump’s bail, a common request that is meant to act as a guarantee that a newly convicted defendant will return to court for the sentencing hearing and any other court requirements related to the case. In some trials, prosecutors argue that a defendant who has been found guilty presents an increased risk of fleeing and would ask the judge for stricter bail terms, including being remanded to jail until the formal sentencing hearing. Trump has posted a $175 million bond in the Manhattan fraud case.  It is unlikely Merchan would change the terms of Trump’s bail.

The sentencing hearing

Even scheduling Trump’s sentencing hearing will be politically fraught for Merchan. The judge would be able to call a sentencing hearing as soon as July. The Republican National Convention, where Trump is set to formally accept his party’s nomination for the presidency, is scheduled for the third week of July in Milwaukee.

In the weeks leading up to the sentencing hearing, if standard procedures are followed, Trump would meet with a probation officer who would interview Trump and prepare a written report with a recommended sentence. The probation report would be sent to the defense attorneys, the prosecution and the judge. And Trump’s legal team would have a chance to suggest sentencing terms and supply letters of support for Trump.

But the actual sentence would be up to Judge Merchan to decide, and he would have a range of options before him. He could decide not to punish Trump at all by awarding him time served—essentially deciding that going through the trial was punishment enough, and that there was no further need for penalties. He could give Trump a “conditional discharge” with a requirement like community service. Or he could put Trump on probation with terms that he had to abide by in order to avoid jail time. Or Merchan could decide to send Trump to prison.

“There is a huge delta politically between a jail sentence and a sentence of probation. That’s going to be the most agonizing choice the judge will face,” says Norman Eisen, a senior fellow in governance studies at The Brookings Institution and former counsel to the Democrat-led House Judiciary Committee during Trump’s first impeachment.

For each of the 34 felony charges Trump is facing, the New York State sentencing guidelines call for 16 months to 4 years in prison. It is unlikely that a judge in Merchan’s position would decide those sentences should be served one after the other. If the judge considered all 34 counts to be part of a single action, he could rule that the prison time be overlapping, which would mean a maximum sentence of 4 years in prison.

Should Merchan believe a prison sentence is warranted, he also has leeway to sentence Trump to a much shorter time behind bars. The New York penal code allows judges to consider prison terms of one year or less for first-time fraud offenders.

In New York, a prison term of less than a year is usually served in the city prison on Rikers Island or in the Manhattan Detention Complex, commonly known as “The Tombs.” Prisoners with sentences longer than a year are usually sent to one of the New York state prisons.

Trump could appeal both his conviction and the judge’s sentence

Trump’s lawyers are certain to appeal a conviction, a process that would likely stretch past Election Day. His first stop would be the Appellate Division in Manhattan. He could ultimately seek a review from New York’s highest court, the Court of Appeals in Albany. 

In the meantime, Merchan can issue his sentence. But that decision would also not necessarily be absolute. Even if Merchan decided to sentence Trump to prison, the former President would likely be permitted to stay out of jail, pending his likely appeals. Immediately following a potential sentencing hearing, Trump’s legal team would be able to march over to the Manhattan Appellate Courthouse at 25th Street and Madison Ave. to appeal the sentencing. “Most white collar cases get bail pending appeal. That’s just a fact,” says Diana Florence, a former long-time prosecutor in the Manhattan district attorney’s office.

Merchan previously showed a reluctance to send Trump to jail

Judge Merchan has already shown that he doesn’t take lightly the idea of sending to jail a former President who is a leading candidate for the job again. 

Merchan found Trump in contempt of court 10 times for violating his gag order by publicly criticizing witnesses, and fined him $1,000 for each violation.  In court in early May, Merchan said that the fines clearly weren’t enough of a deterrent, and he would consider putting Trump behind bars, if prosecutors recommended it. Merchan acknowledged that the politics of such a decision were impossible to ignore.

“Mr. Trump, it’s important to understand that the last thing I want to do is to put you in jail. You are the former president of the United States and possibly the next president, as well,” Merchan told Trump. Merchan said he considered incarcerating Trump “truly a last resort” and that he worried about the people who would have to enforce his orders, including the court officers, the corrections officers and Trump’s Secret Service detail. “I worry about them and about what would go into executing such a sanction,” Merchan said. 

But Merchan made clear he was willing to jail Trump if he felt it was needed to defend the judicial system and compel Trump’s respect for the process.  “Your continued violations of this court’s lawful order threaten to interfere with the administration of justice in constant attacks which constitute a direct attack on the rule of law. I cannot allow that to continue,” Merchan said. “So, as much as I do not want to impose a jail sanction, and I have done everything I can to avoid doing so, I want you to understand that I will, if necessary and appropriate.”

If the jury chooses to convict Trump, Merchan will find himself facing that same decision again.

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Trump booed and jeered at Libertarian National Convention

WASHINGTON — Insults were hurled at former President Donald Trump when he took to the stage Saturday night to address the Libertarian National Convention .

The crowd’s hostility to the former president was especially pronounced when Trump directly solicited their votes. Each time Trump asked attendees at the Washington Hilton for their votes or the party’s nomination, he was met with loud boos.

“I’m asking for the Libertarian Party’s endorsement, or at least lots of your votes, lots and lots of Libertarian votes,” Trump said as the audience booed in response.

At times, Trump turned on the crowd, criticizing libertarians’ turnout in previous elections.

“You can keep going the way you have for the last long decades and get your 3% and meet again, get another 3%,” Trump said following jeers from the crowd.

The 2020 Libertarian Party nominee, Jo Jorgensen, won just over 1% of the votes in several swing states including Wisconsin, Michigan, Arizona, Pennsylvania and Georgia. But in a tight race , these voters could have the power to swing the election between major-party nominees.

The audience yelled at Trump throughout his speech as well, a stark contrast to his typical crowds filled with adoring fans decked out in MAGA gear. At one point during Saturday’s speech, punches were thrown in the audience.

One member of the crowd shouted, “Lock him up!” and another yelled, “Donald Trump is a threat to democracy!” Moments later, someone yelled at Trump, “You had your shot!”

Others yelled at Trump, “F--- you” and “You already had four years, you a--hole.”

Twice, people chanting “We want Trump” were drowned out by boos and chants of “End the Fed.”

After Trump’s Saturday speech, a Libertarian candidate who took the stage called the former president a war criminal, citing his use of drone strikes and actions in Syria.

On Friday night, the libertarian crowd was also hostile to mentions of Trump, and the audience booed when Vivek Ramaswamy brought up the former president. Separately, the crowd cheered one Libertarian Party member’s suggestion that “we go tell Donald Trump to go f--- himself.”

Ahead of Saturday’s speech, many members of the audience had already made up their minds about Trump. Libertarian Caryn Ann Harlos balked at the prospect of being swayed by Trump’s remarks.

“I would rather eat my own foot out of a bear trap,” Harlos said. “I only vote Libertarian.”

The Trump campaign argued it was important for the former president to venture into less-than-friendly territory to appeal to “nontraditional Republican votes.”

“What he’s really trying to do is to show that he can be a president for all Americans,” a Trump campaign official said ahead of the former president’s remarks. “If you want to compete for nontraditional Republican votes, then you got to go where they are. You can’t expect them to just show up to you.”

Trump himself referenced the unexpected decision, saying, “A lot of people ask why I came to speak at this Libertarian convention, and, you know, it’s an interesting question, isn’t it? But we’re going to have — but we’re going to have a lot of fun.”

But there were moments when Trump received cheers, like when he touted his record of starting no news wars and his administration’s withdrawal from the World Health Organization , which Biden later rejoined. Trump was also cheered when he called for pardoning Jan. 6 defendants .

One of the loudest cheers from the audience came when Trump announced his intention to commute the life sentence of “Silk Road” website operator Ross Ulbricht.

“If you vote for me, on Day One I will commute the sentence of Ross Ulbricht,” he said.

“We’re going to get him home,” he added later.

Ulbricht was sentenced to life in federal prison in 2015 for creating and operating a hidden website known as “Silk Road” that people used to buy and sell drugs, among other illegal goods and services.

Many libertarians have called for Ulbricht’s release. At the convention on Saturday, the crowd was filled with “Free Ross” signs and took up chants in support of Ulbricht.

Preet Bharara, who was U.S. attorney for Manhattan when Ulbricht was sentenced in 2015, said in a press release at the time that Ulbricht’s actions contributed to at least six deaths. Bharara a lso ca lled Ulbricht “a drug dealer and criminal profiteer.”

“While in operation, Silk Road was used by thousands of drug dealers and other unlawful vendors to distribute hundreds of kilograms of illegal drugs and other unlawful goods and services to more than 100,000 buyers, and to launder hundreds of millions of dollars deriving from these unlawful transactions,” Immigration and Customs Enforcement said a 2015 press release announcing Ulbricht’s sentencing.

However, Trump’s previous comments about drug dealers are in conflict with his Saturday vow to commute Ulbricht’s sentence.

The former president has said that the death penalty should be instituted for certain drug dealers, depending on the severity of the crime.

And given that history, libertarians seemed to view the vow to commute Ulbricht’s sentence as calculated.

“Do you think Donald Trump even knew Ross Ulbricht’s name before he decided to come here and pander to us?” Libertarian politician Chase Oliver asked the crowd following Trump’s remarks.

Abigail Brooks reported from the Washington Hilton. Megan Lebowitz reported from Washington, D.C.

Abigail Brooks is a producer for NBC News.

Megan Lebowitz is a politics reporter for NBC News.