Trump’s Chances after Conviction

Trump was not convicted of misdemeanors, but felonies. He was found guilty of 34 counts of falsifying business records in the first degree, which is a Class E felony in New York (the lowest level of felony).

The charges stem from hush money payments made to adult film star Stormy Daniels before the 2016 election to conceal an alleged affair with Trump. Prosecutors argued that Trump falsified records to cover up the payments, which were made to influence the election by suppressing negative information.

While falsifying business records would normally be a misdemeanor, prosecutors elevated the charges to felonies by arguing that the falsification was done to conceal another crime – in this case, a violation of New York election law prohibiting unlawful means to influence an election.

The jury agreed that Trump falsified records to conceal information from voters in 2016.So in summary, Trump was convicted of 34 felony counts related to covering up hush money payments during the 2016 election, not misdemeanors This is an unprecedented conviction for a former U.S. president.

The key difference between a misdemeanor and a felony is the severity of the crime and the potential punishment: A misdemeanor is a less serious crime that is typically punishable by less than one year in jail. Common examples include simple assault, petty theft, disorderly conduct, trespassing, and first-time DUI offenses.

A felony is a more serious crime that is typically punishable by one year or more in prison. Felonies often involve violence, significant harm or property loss. Common examples include murder, rape, arson, burglary, robbery, and serious drug offenses.

Misdemeanors generally have a maximum sentence of less than 1 year in jail, while felonies can result in sentences of 1 year or more in prison. Felony convictions result in more severe consequences beyond just incarceration, such as inability to vote, own firearms, obtain certain professional licenses, and difficulty finding employment/housing .Misdemeanors are typically processed through lower courts and punished by fines or county jail time.
Felonies go through higher courts and state/federal prisons. Some crimes can be charged as either a misdemeanor or felony depending on factors like criminal history and severity of the offense.
In summary, felonies are the most serious category of crimes with potential for over 1 year incarceration and significant long-term consequences, while misdemeanors are less serious offenses with shorter jail sentences.

There do not appear to be any significant holes or flaws in the decision to convict Trump on 34 felony counts of falsifying business records. The conviction was based on substantial evidence and followed proper legal procedures.The key points supporting the conviction’s validity are:

It was decided by a jury of 12 impartial jurors after weighing all the evidence and testimony presented at trial over several weeks. The charges of falsifying business records were elevated to felonies because prosecutors proved Trump did so with the intent to conceal another crime – violating state election laws by unlawfully influencing the 2016 election through hush money payments.
Trump’s former lawyer Michael Cohen provided direct testimony about Trump’s involvement in the hush money scheme and falsifying records to cover it up.The judge rejected Trump’s claims that the case had exceeded the statute of limitations, citing valid legal extensions due to the pandemic and Trump’s time outside New York state.
The judge also ruled against Trump’s objections to the scope of testimony from his proposed campaign finance expert witness, finding the defense’s requests went too far in asking the witness to interpret laws.
While Trump has vowed to appeal, legal experts say he faces an uphill battle as appeals courts give great deference to jury verdicts unless there are clear errors in the trial proceedings, which do not appear present here. The conviction is also separate from any potential federal charges Trump may face.
So in summary, based on the credible evidence, testimony, and adherence to proper legal standards, there are no glaring holes or deficiencies that undermine the validity of Trump’s conviction on 34 felony counts related to the 2016 hush money scheme

If Trump were to face state charges, he would not be able to receive a pardon from the state governor or any other state authority. The alternative for Trump regarding potential state charges would be to seek a commutation or pardon from the next president if he is convicted of federal crimes.

A presidential pardon can eliminate or reduce federal sentences, but it cannot expunge convictions or pardon state offenses.

Trump could also potentially face state charges after leaving office, for which he would have to go through the state’s judicial process without the possibility of a state pardon.

Frequently bypassed the Office of the Pardon Attorney; majority granted to well-connected convicts without OPA petitions

The 34 felony counts that Donald Trump was convicted of are state crimes, not federal crimes.

The charges were brought by the Manhattan District Attorney’s office under New York state law for falsifying business records related to hush money payments made during the 2016 presidential campaign.

As state offenses, Trump cannot pardon himself for these convictions if he were to be re-elected as president.

The president’s pardon power under Article II, Section 2 of the U.S. Constitution only extends to federal offenses against the United States, not state crimes. The Supreme Court has affirmed this limitation, ruling in 1925 that the presidential pardon power does not apply to state criminal convictions.

Since Trump’s 34 felony counts are violations of New York state law, the only authority that could potentially pardon him is the Governor of New York, currently Kathy Hochul. However, Hochul has stated she has no intention of pardoning Trump, saying “Today’s verdict reaffirms that no one is above the law.” in summary, Trump’s convictions are for state crimes over which the president’s pardon power holds no authority. His only path to a pardon would be through the New York state clemency process with the governor, which appears highly unlikely based on Hochul’s comments

The Governor of New York, Kathy Hochul, cannot help Trump by pardoning him for his 34 felony convictions because:

Hochul has explicitly stated she has no intention of pardoning Trump, saying “Today’s verdict reaffirms that no one is above the law.”.She reiterated her commitment to “upholding the integrity of our judicial system.”Trump’s convictions are for state crimes under New York law, not federal crimes. The president’s pardon power under the U.S. Constitution only applies to federal offenses, not state criminal convictions. The Supreme Court has affirmed that the president’s pardon power does not extend to state crimes, ruling in 1925 that presidential pardons cannot apply to state criminal convictions .As the sole authority with the power to pardon Trump for his state convictions in New York, Hochul has made it clear a pardon is “off the table.”

While some have called for Hochul to pardon Trump, including Rep. Dean Phillips (D-MN) and Rep. Nick LaLota (R-NY), Hochul has firmly rejected this notion, emphasizing that justice has been served and the rule of law must prevail.So in summary, Hochul cannot help Trump by pardoning his state felony convictions because

1) she has outright refused to do so, and

2) the president’s pardon power is constitutionally limited to federal crimes and cannot apply to Trump’s state offenses in

Donald Trump does not have a viable alternative to avoid the consequences of his 34 felony convictions in New York state if he is not pardoned. The key points are:

As a state conviction, Trump cannot pardon himself for these crimes even if re-elected as president. The president’s pardon power under the Constitution only applies to federal offenses, not state crimes.The current New York Governor Kathy Hochul, who has the sole authority to pardon Trump’s state convictions, has explicitly stated she has no intention of doing so. Hochul said “Today’s verdict reaffirms that no one is above the law” and emphasized upholding the integrity of the judicial system.
While some Republican lawmakers like Rep. Nick LaLota have called for Hochul to pardon Trump, she has firmly rejected this notion. Legal experts agree there is no constitutional barrier preventing Trump from serving as president with a felony conviction. Trump’s alternative paths are limited to appealing his conviction through the New York state judicial process or potentially seeking a commutation (reduced sentence) rather than a full pardon from Hochul, though that also appears highly unlikely given her stance. sentenced to prison time and still elected president, Trump could theoretically try to argue that as president he cannot be incarcerated by a state, citing precedents about federal officials. However, this legal theory remains untested.
Trump does not have a clear alternative to avoid the consequences of his New York state felony convictions. Neither a self-pardon nor a presidential pardon would apply, and the current governor has ruled out a state pardon, leaving appeals or an unlikely commutation as his only potential recourses.

The appeals process in New York can potentially reverse a criminal conviction under certain circumstances. Here are the key points regarding how the appeals process may lead to a conviction being overturned:

Grounds for Appeal: To have a conviction reversed on appeal, the defendant must show that legal errors occurred during the trial that may have affected the verdict common grounds include errors in trial proceedings, ineffective assistance of counsel, new evidence, jury misconduct, improper jury instructions, and sentencing errors.
Notice of Appeal: The first step is filing a Notice of Appeal with the trial court within 30 days of the conviction, stating the intent to appeal. This preserves the right to appeal.
Appellate Briefs: Both sides submit written briefs to the appellate court, with the defendant’s brief arguing why the conviction should be overturned based on the alleged errors. Appellate Court Review: The appellate court reviews the trial record, briefs, and potentially hears oral arguments to determine if reversible errors occurred that violated the defendant’s rights and could have led to an improper conviction.Appellate Decision: If the appellate court finds reversible error(s), it can reverse the conviction and order a new trial or even an acquittal in some cases.However, if no reversible errors are found, the conviction is affirmed.
Further Appeals: If the intermediate appellate court affirms the conviction, the defendant may be able to appeal further to higher courts like the New York Court of Appeals.

So in summary, while difficult, the appeals process provides an opportunity for the defendant to argue that legal mistakes were made that wrongfully led to a conviction, potentially resulting in the appellate court reversing and overturning that conviction if it agrees errors occurred

There is no clear precedent for what would happen if Donald Trump were to become president while also being arrested or convicted of a crime. This would be an unprecedented situation in American history. However, based on the search results, here are some key points:

Trump is currently facing multiple criminal cases, including charges related to the 2020 election, mishandling classified documents, and the Stormy Daniels hush money payment for which he has already been convicted.I
f Trump were to win the 2024 presidential election while also being a convicted felon, it would create a constitutional crisis and legal quagmire with no clear resolution. The Constitution does not explicitly prohibit a convicted felon from becoming president.
As president, Trump could potentially pardon himself for federal crimes, but not state crimes like the New York case he was convicted in. However, self-pardoning remains a legally untested and controversial issue.
If arrested or convicted while president, Trump would likely not be immune from standard arrest procedures like being fingerprinted and photographed, though special accommodations could potentially be made. The Secret Service would be involved in security arrangements.
There are differing legal opinions on whether a sitting president can be criminally prosecuted and potentially imprisoned while in office
The Supreme Court may have to weigh in on this unprecedented scenario.

In summary, Trump becoming president while a convicted felon or being arrested as president would thrust the nation into uncharted constitutional territory with no clear precedent to guide the process. It would likely spark a severe political and legal crisis. There is no direct precedent that closely mirrors the unprecedented situation of a convicted felon potentially becoming president while facing criminal charges and sentencing. However, here are some relevant points from the search results:

The Constitution does not explicitly prohibit a convicted felon from becoming president or serving as president from prison. The qualifications are limited to age, citizenship, and residency requirements.
In 1920, Socialist candidate Eugene V. Debs ran for president from a federal penitentiary in Atlanta after being convicted of sedition during World War I. However, he was not a serious contender and did not win the election.
Trump’s situation is truly uncharted territory in American history. No former president has ever been convicted of a crime, let alone multiple felonies, while actively campaigning for re-election.The logistics and security considerations of a former president potentially being incarcerated while running for office or serving as president are complex with no clear precedent.
Trump could theoretically be inaugurated from jail or prison if elected, an unprecedented scenario. However, he may be able to remain free on bail while appealing his conviction during the campaign.The political and constitutional implications of Trump’s criminal cases are highly uncertain and could create a severe crisis with no guiding precedent if he is elected. Issues like self-pardoning, state vs federal jurisdictions, and the 25th Amendment could come into play in untested ways.

So while a few fringe candidates have run for president from prison before, Trump’s situation as a former president actively campaigning while facing multiple felony convictions and charges is truly unprecedented in American history with no close parallel to provide clear guidance. It would thrust the nation into uncharted legal and constitutional territory.