• disguy_ovahea@lemmy.world
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    5 months ago

    Merchan will remain moderate. Prison is possible, but not probable for nonviolent class E felonies. The last thing he wants is to feed Trump’s attorneys argument for bias at appeal.

    Part of sentencing is determined by the defendant’s character, and Merchan has already spoken against his interest in jailing a former President for violating the gag order. However, Trump has over a month to demonstrate his character prior to sentencing, and he’s not doing himself any favors in that department.

    • snooggums@midwest.social
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      5 months ago

      Yeah, we know Trump has powerful connections and will be treated with far more leniency than the average person because instead of holding people with power to a higher standard we do the opposite.

      That doesn’t contradict the fact that it doesn’t matter what Trump is good with when it comes to sentencing.

      • disguy_ovahea@lemmy.world
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        5 months ago

        Merchan hasn’t been lenient thus far. He’s been moderate throughout the trial. There’s no reason to expect otherwise at sentencing.

        • snooggums@midwest.social
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          5 months ago

          He didn’t enforce the no phones policy on Eric.

          He warned Trump multiple times without following through.

          As far as I can tell what you are calling moderate is the same thing as being lenient.

          • disguy_ovahea@lemmy.world
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            5 months ago

            He mandated a gag order, then amended it to include more restrictions. Trump was charged with 10 violations at the maximum fine, and warned of jailing for future violations. He did not violate the order again.

            Moderate means providing reasonable considerations as he would to other defendants. That is how Merchan runs his courtroom.

            • jacksilver@lemmy.world
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              5 months ago

              I think their point is that you or I wouldn’t get treated that lightly. How many people get 10 violations, let alone need a gag order in the first place. The sad fact is that a court acting “moderately” is a lot more lenient than what a lot of people experience.

              • disguy_ovahea@lemmy.world
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                5 months ago

                He was issued a gag order due to public criticism of witnesses and the effect it may have on their credibility. The 10 violations were addressed at two gag order hearings. At the first hearing he was fined the maximum. At the second, he was fined the maximum and warned of jail for the next offense.

                This is exactly how an impartial judge should be ruling.

                  • disguy_ovahea@lemmy.world
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                    5 months ago

                    He was informed of the potential repercussions in the first hearing. It was the second of two hearings when Merchan said while he was reluctant to put a former president in jail, but continued acts would leave him no choice. That was the end of the violations.

                    The goal of the gag order is to mandate compliance, not leverage a holding cell. Again, Merchan handled it by the book.

                    I’d love to see him in jail, or better yet, prison, but it’s not worth compromising the judges ruling into bias.

    • Socsa@sh.itjust.works
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      5 months ago

      My guess is that they will give him a suspended sentence, but he will have to piss in a cup for the rest of the campaign, at least. It will be very interesting to see if Trump can get out of bed without his amphetamines.

      • disguy_ovahea@lemmy.world
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        5 months ago

        Prescription drugs shouldn’t be a red flag on a drug test. They’ll show up on the toxicology report, but get dismissed from concern if they’re prescribed.

        • Socsa@sh.itjust.works
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          5 months ago

          Ok then I guess we will get to learn about Trump’s ADHD or Narcolepsy diagnosis. Either way it should be a peak behind the bullshit curtain.