Any lawyers here? Could Trump go to jail if convicted of unlawfully taking the Classified documents?

[eclipsenow]

Hi all,
Any practicing lawyers on these forums? As an Aussie I just don't know - but would love to hear discussion on whether Trump could go to jail over the allegedly stolen Classified documents. Anyone know?

 

[Handmaid for Jesus]

Good question.

 

[essentialsaltes]

Hi all,
Any practicing lawyers on these forums? As an Aussie I just don't know - but would love to hear discussion on whether Trump could go to jail over the allegedly stolen Classified documents. Anyone know?

IANAL

What reason would stop him from going to prison if he were convicted? As I understand it, many of the charges come with sentencing guidelines in the decade range. So yes, prison is a real possibility.

That said, nothing prevents an imprisoned Trump from standing for election.

 

[Blade]

This is not the place.. I never would..

 

[Fantine]

Some say if he took a plea bargain he could stay out of jail, but his ego would never allow him to do so.
And of course there is the NYC indictment and two probable others by summer's end.

 

[eclipsenow]

Seriously - it's a different legal case but these tapes of him ORDERING and PLEADING and WHINING to have governors completely stack their electoral ballots in his favour are just unreal! The way he tried to threaten the governors that what they were doing was illegal, and then pleaded his narcissistic, delusional case about stacked ballots, shredded ballots, removed machines, vandalised machines etc - "have you heard anything about that?" again and again and again - I honestly don't know how the governors that had to listen to this delusional, fantastical whining kept their cool!

 

[Hank77]

Hi all,
Any practicing lawyers on these forums? As an Aussie I just don't know - but would love to hear discussion on whether Trump could go to jail over the allegedly stolen Classified documents. Anyone know?

This attorney was a Navy prosecutor and then a federal prosecutor. Lots of experience.

 

[Mayzoo]

Not very likely. As with most high-level, wealthy businessmen, he usually has someone else on tap to go to jail for him (scapegoat).

 

[Hans Blaster]

Not very likely. As with most high-level, wealthy businessmen, he usually has someone else on tap to go to jail for him (scapegoat).

This isn't some shady business transaction he can lay on the Senior Executive VP for Finance. These were documents on his property that he handled and that no one else there had ever had any rights to possess (he did once, but that expired at Noon on 20 Jan 2021). No one can take the fall for him on this one.

 

[Arcangl86]

In theory he's potential liable for at least a few years, but judges have a lot of discretion and there is a good chance he will only get somehting like probation.

 

[Handmaid for Jesus]

Well, from what is being reported, his lawyers are now being questioned by the special counsel Jack Smith. Even Rudy Giulliani has testified. So evidence against him is mounting on multiple fronts.

 

[Mayzoo]

This isn't some shady business transaction he can lay on the Senior Executive VP for Finance. These were documents on his property that he handled and that no one else there had ever had any rights to possess (he did once, but that expired at Noon on 20 Jan 2021). No one can take the fall for him on this one.

I am too cynical to believe there is any chance that if convicted, he would serve any time whatsoever. I still tend to figure he has a fall guy lined up so he won't even be convicted There are at the minimum two justice systems in the US. The average one, and the one for the wealthy. The percentages are in his favor as the wealthy rarely are convicted, and when convicted, rarely serve any time.

Just my cynical self speaking, no worries.

 

[Hans Blaster]

I am too cynical to believe there is any chance that if convicted, he would serve any time whatsoever. I still tend to figure he has a fall guy lined up so he won't even be convicted There are at the minimum two justice systems in the US. The average one, and the one for the wealthy. The percentages are in his favor as the wealthy rarely are convicted, and when convicted, rarely serve any time.

Just my cynical self speaking, no worries.

He may not serve time if convicted, but it won't be because he's got a fall guy. It'll either be because he is elected President or because the judge won't order him to confinement with his Secret Service detail.

 

[eclipsenow]

He may not serve time if convicted, but it won't be because he's got a fall guy. It'll either be because he is elected President or because the judge won't order him to confinement with his Secret Service detail.

This is exactly what I'm trying to understand. Is it even feasible for an ex-President to serve time in jail?
Even if they desperately deserve it?
I'd sentence him to life.
On top of that every day he would be forced to watch a 5 minute video recap of his dumbest moments - and comedian's reactions to them. So can can, maybe, just maybe, get a clue about his place in the world?

 

[A2SG]

On top of that every day he would be forced to watch a 5 minute video recap of his dumbest moments - and comedian's reactions to them. So can can, maybe, just maybe, get a clue about his place in the world?

I dunno....much as I think he deserves it, it would probably be considered cruel and unusual punishment.

-- A2SG, there is no constitutional provision for irony.....

 

[eclipsenow]

-- A2SG, there is no constitutional provision for irony.....

I understand - but I can have my dreams

 

[Arcangl86]

There are reasons that a reasonable judge could consider enough to keep him out of jail. The biggest one is that, not to beat around the bush, he's old. I can see many judges hesitating to throw a almost 80 year old man into jail, even a Club Fed.

 

[Hans Blaster]

This is exactly what I'm trying to understand. Is it even feasible for an ex-President to serve time in jail?
Even if they desperately deserve it?
I'd sentence him to life.
On top of that every day he would be forced to watch a 5 minute video recap of his dumbest moments - and comedian's reactions to them. So can can, maybe, just maybe, get a clue about his place in the world?

There is a golf course in New Jersey with an isolated house on the grounds that could be converted. Put up a fence with a guard gate. Limited visitors with supervision. Cable TV. Limited access to fully monitored land line and internet. Prisoner funded daily visits from cleaner and cook. It could work.

 

[Handmaid for Jesus]

In my opinion, if he is convicted, he should forfeit his secret service protection and be incarcerated in prison like other felons.

 

[DaisyDay]

I am too cynical to believe there is any chance that if convicted, he would serve any time whatsoever. I still tend to figure he has a fall guy lined up so he won't even be convicted There are at the minimum two justice systems in the US. The average one, and the one for the wealthy. The percentages are in his favor as the wealthy rarely are convicted, and when convicted, rarely serve any time.

Just my cynical self speaking, no worries.

Even house confinement would be a step towards equal justice.