Trump Faces Prison Time If Convicted Of Falsifying Business Records In Hush Money Case, Former Federal Prosecutor Says

Former federal prosecutor Andrew Weissmann stated that former President Donald Trump could face prison time if he ends up being convicted of falsifying business records in his New York hush money trial.

Trump has been charged with 34 felony counts in connection to with a scheme to falsify business records to cover up hush money payments made to conceal an alleged affair with adult film actress Stormy Daniels during the closing weeks of the 2016 presidential campaign. This case is going to trial on April 15.

“He could be looking at the jail,” Weissmann told CNN host Wolf Blitzer. “This is one where [Judge Juan Merchan]—I think—is going to be looking at the rule of law to see how other people were treated, other people with a similar criminal background. I think this is an area where Donald Trump’s pretrial behavior is going to be relevant.”

The ex-federal prosecutor pointed out that Trump’s constant attacks on Judge Merchan and his family could backfire on him. 

On April 1, the judge stretched a gag order in the case, preventing the former president from frequently attacking his daughter, Loren Merchan. 

At first, this gag order prevented Trump from making public statements about witnesses, other prosecutors, court staff and their family members if they were “made with the intent to materially interfere with ” the case.

“If you have someone who’s contrite, if you have someone who shares that he’s respectful of the rule of law, that this was an aberration, that is something that the court can take into account,” Weissmann declared.

“But if you think that the defendant actually is running basically as an outlaw and is basically thumbing his nose at the judicial process and shows no sign of remorse and essentially is a recidivist, those are factors that a judge can consider,” he added. “And I am sure that a judge like Judge Merchan — if there were to be a conviction — is going to factor all of that in. But it’s just way too soon to say whether it would actually constitute jail time.”

On March 19, Judge Merchan ruled against Trump’s legal team’s attempt to block Daniels and his former fixer, Michael Cohen, from testifying in his hush money trial.

On February 25, the former president’s attorney, Todd Blanche, sought to block testimony from Daniels, Cohen and Karen McDougal, another woman who claims to have had an affair with Trump, the case’s three primary witnesses.

The 47-page motion attacks their credibility. It argued that Cohen had already perjured himself, and Daniels ” intends to offer false, salacious, and unduly prejudicial testimony relating to President Trump.” 

Trump’s legal team hoped to ban the Access Hollywood recording in which he boasts about grabbing women without asking for consent. The team said this video contains “inflammatory and unduly prejudicial evidence that has no place at this trial about documents and accounting practices.” Judge Merchan ruled that this tape could be discussed but not played in court.

Stormy, the newly released documentary about Daniels, sheds light on the events in her life after her supposed sexual encounter with Trump.

In the documentary, she talks about how she tried keeping her daughter away from reports of the affair. Daniels said she was afraid she would be “murdered” by Trump supporters.