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

[Handmaid for Jesus]

Even house confinement would be a step towards equal justice.

Maybe, if coupled with a gag order.

 

[DaisyDay]

Maybe, if coupled with a gag order.

As satisfying as that would certainly be, I don't think it would be right to shut up prisoners.

 

[stevil]

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?

I don't think it is just about taking classified documents. Joe and Pence have also been found with classified documents in their possession.
There are other issues as well
1. Having classified documents
2. showing classified documents to unauthorised people
3. not securing classified documents
4. having presidential records
5. refusing to return presidential records
6. lying to FBI
7. hiding presidential records and documents under subpoena
8. having people move documents that have been subpoenaed.
9. Having people lie about the documents, including having a lawyer write a letter attesting to having no documents.

With Biden, as soon as his staff realised he had documents, they informed the authorities and made arrangement to return them.
I presume Pence is complying, (But I don't know, haven't been following)

 

[Blade]

I see a house arrest punishment for Trump as the actual route that would happen if he were to get jail time. I would hope the judge would bite the logistical bullet and still sentence Trump to at least one day in actual prison, just so Trump can’t go to his cult followers and say he was exonerated because he didn’t serve any time in prison. They’ll ignore that new ankle bracelet he has because he tells them to ignore that new ankle bracket he has.

Do you think if would be ok with you if we don't call make fun of those like me and many others that voted for president Trump "cult followers". If you believe this .. then make a new post my name can say it to me. I don't know you nor would I ever say something like that to you....and then you get those that AGREE with you

As for the question from the OP.. I was going to say.. this is not the place to talk about this. You made the case for that. So no president Trump will not be sentenced locked up. There are to many before him that did worse and nothing happened. This is only to keep him from being president. So IF we know the law then we know you cannot in a case like this ignore all that happened before. You can not treat president Trump differently in cases like this. I said this is not the place because most are moved by a personal feeling not facts. Biden?

This is why... you can't just talk.. someone has to make it personal

 

[GreatLakes4Ever]

Do you think if would be ok with you if we don't call make fun of those like me and many others that voted for president Trump "cult followers". If you believe this .. then make a new post my name can say it to me. I don't know you nor would I ever say something like that to you....and then you get those that AGREE with you

I wasn’t calling anyone on here a cult member but if you feel the shoe fits, far be it from me to tell you not to wear it.

There are millions that voted for Trump who were over his election loss by Veterans Day 2020 and had moved on with their life. There are millions that will vote for him because of an R next to his name but would never think of showing any more support than a vote. All of this handing him money and showing up for his tent revivals aren’t being done by the vast majority of his very own voters. It is being done by his cult members.

As for the question from the OP.. I was going to say.. this is not the place to talk about this. You made the case for that. So no president Trump will not be sentenced locked up. There are to many before him that did worse and nothing happened. This is only to keep him from being president. So IF we know the law then we know you cannot in a case like this ignore all that happened before. You can not treat president Trump differently in cases like this. I said this is not the place because most are moved by a personal feeling not facts. Biden?

My reason for Trump not being thrown in prison is purely logistical. The hoops everyone would have to jump through to incarcerate Trump while also giving him his Secret Service detail is a headache that wouldn’t be worth it and it would just as be easier to put him under house arrest.

This isn’t to keep him from being president. This isn’t political. There is evidence of Trump committing crimes and the justice system is going to treat him like any other individual in holding him accountable. The only people being political are those saying Trump shouldn’t be charged for a political reason (he is running for president). That’s a stupid argument.

This is why... you can't just talk.. someone has to make it personal

I’m not going to sit here and lie so some people can feel better about their beliefs.

 

[FireDragon76]

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.

That's probably the best answer.

There are other reasons he should do hard prison time, like the sexual assault back in the 90's that he's being sued for, but if he were to confess to hiding the documents, and be prohibited from running from office again, I think justice would be served enough.

 

[Fantine]

That's probably the best answer.

There are other reasons he should do hard prison time, like the sexual assault back in the 90's that he's being sued for, but if he were to confess to hiding the documents, and be prohibited from running from office again, I think justice would be served enough.

Along with a gag order. He can make a lot of trouble even without running.

(Un)truth Social, for example.

 

[FireDragon76]

Along with a gag order. He can make a lot of trouble even without running.

(Un)truth Social, for example.

Yeah, no smartphones, please. We've had enough tweets in the middle of the night while he's on the "throne". Enough to last several lifetimes.

 

[WolfGate]

JMHO, but I believe if convicted he won't actually serve jail time - though he may be sentenced to jail. I predict whoever is President will commute his sentence, even if the President is a Democrat. I also think that would be best for the country as well.

 

[FireDragon76]

JMHO, but I believe if convicted he won't actually serve jail time - though he may be sentenced to jail. I predict whoever is President will commute his sentence, even if the President is a Democrat. I also think that would be best for the country as well.

Jail would just turn him into a martyr for conspiracy theorists. The best we could do is to find a way to keep him tied up with litigation until he gets tired of being in the public eye, or he passes away.

Hopefully, Republicans get tired of his kind of politics, and the country can move on. The generation Trump won decisively is literally dying every day, anyways.

 

[DaisyDay]

JMHO, but I believe if convicted he won't actually serve jail time - though he may be sentenced to jail. I predict whoever is President will commute his sentence, even if the President is a Democrat. I also think that would be best for the country as well.

The president, whoever it may be, can only commute Federal sentences. The Manhattan and Atlanta DAs are prosecuting him under state laws.

I just hope the former guy lives long enough for this country to see some justice.

 

[WolfGate]

The president, whoever it may be, can only commute Federal sentences. The Manhattan and Atlanta DAs are prosecuting him under state laws.

I just hope the former guy lives long enough for this country to see some justice.

True but my assumption is if his Federal sentence was commuted by the Presidents then the states would align with that.

 

[SimplyMe]

JMHO, but I believe if convicted he won't actually serve jail time - though he may be sentenced to jail. I predict whoever is President will commute his sentence, even if the President is a Democrat. I also think that would be best for the country as well.

Yes, Trump seems eager to give himself a pardon.

 

[Pommer]

Yes, Trump seems eager to give himself a pardon.

Who wouldn’t want to be the judge in their own trial?