A Big Constitutional Crisis If Donald Trump Is Convicted:
Experts have warned that sentencing Donald Trump to jail could trigger a constitutional crisis as his historic trial enters its final phase. Trump has made history as the first former president to face a jury on criminal charges.
The charges allege that Trump manipulated the Trump Organization’s internal documents to hide damaging stories that could have derailed his 2016 campaign, especially during a time when his image was already tainted by controversial remarks about women.
With America’s political climate more polarized than it has been since the Civil War, there is a real fear that convicting Trump could escalate tensions further. Syracuse University Law Professor Gregory Germain shared his thoughts on the trial and its potential consequences in an interview with the Mirror.
“I doubt there are any Trump supporters on the jury, and I think they are likely very offended by Trump’s conduct both in and out of court,” Germain said. “Even though only one juror is necessary for a mistrial, and despite the flaws in the case, I predict that the jury will convict him.”
“Sentencing Trump to jail for a first-time, non-violent Class E felony would be outrageous and could cause a constitutional crisis, revealing the judge’s bias. I think the judge will opt for probation instead,” Germain continued.
He added, “I believe the verdict will ultimately be overturned on appeal. If the judge does sentence Trump to prison, the courts will likely intervene quickly. If he isn’t sentenced to prison, the appeal process will drag on and probably be resolved after the election.”
The allegations against Trump involve payments made to two women, adult film star Stormy Daniels and Playboy model Karen McDougal, who claimed to have had affairs with Trump, as well as a Trump Tower doorman who alleged Trump had an illegitimate child. Trump has denied all these allegations.
Professor Germain criticized the legal approach taken against Trump, saying, “I have been very critical of the DA for bringing such a flawed case and of the judge for pushing it forward despite the legal issues in the indictment. I don’t think the DA proved that Trump committed fraud by recording the payments as attorney fees rather than reimbursements for hush money.”
He concluded, “I believe the DA and the judge are determined to secure a conviction. The judge might overlook the legal complexities in the jury instructions, framing the issue around the propriety of paying hush money rather than its legality in relation to the document charges.”