Donald Trump鈥檚 conviction on 34 felony counts marks the end of the former president鈥檚 historic hush money trial, but the fight over the case is far from over.
Now comes the sentencing and the potential for a prison sentence. A lengthy appellate process. And all the while, the presumptive Republican presidential nominee still has to deal with three more criminal cases and a campaign that could see him return to the White House.
After more than nine hours of deliberations over two days, the Manhattan jury found Trump guilty of falsifying business records in the case stemming from a hush money payment to porn actor Stormy Daniels during his 2016 presidential campaign.
Trump angrily denounced the trial as a 鈥渄isgrace,鈥 telling reporters he鈥檚 an 鈥渋nnocent man.鈥
Some key takeaways from the jury鈥檚 decision:
The big question now is whether Trump could go to prison. The answer is uncertain. Judge Juan M. Merchan set sentencing for July 11, just days before Republicans are formally set to nominate Trump for president.
The charge of falsifying business records is a Class E felony in New York, the lowest tier of felony charges in the state. It is punishable by up to four years in prison, though the punishment would ultimately be up to the judge, and there鈥檚 no guarantee he would give Trump time behind bars. Manhattan District Attorney Alvin Bragg declined to say whether prosecutors would seek prison time.
It鈥檚 unclear to what extent the judge may factor in the political and logistical complexities of jailing a former president who is running to reclaim the White House. Other punishments could include a fine or probation. And it鈥檚 possible the judge would allow Trump to avoid serving any punishment until after he exhausts his appeals.
Trump faces the threat of more serious prison time in the three other cases he鈥檚 facing, but those cases have gotten bogged down by appeals and other legal fights, so it remains unclear whether any of them will go to trial before the November election.
The conviction doesn鈥檛 bar Trump from continuing his campaign or becoming president. And he can still vote for himself in his home state of Florida as long as he stays out of prison in New York state.
Trump鈥檚 daughter-in-law Lara Trump, who serves as co-chair of the Republican National Committee, said in a Fox News Channel interview on Thursday that Trump would do virtual rallies and campaign events if he鈥檚 convicted and sentenced to home confinement.
In a deeply divided America, it鈥檚 unclear whether Trump鈥檚 once-unimaginable criminal conviction will have any impact at all on the election.
Leading strategists in both parties believe that Trump still remains well-positioned to defeat President Joe Biden, even as the Republican now faces the prospect of a prison sentence and three separate criminal cases still outstanding.
In the short term, at least, there were immediate signs that the guilty verdict was helping to unify the Republican Party鈥檚 disparate factions as GOP officials across the political spectrum rallied behind their embattled presumptive presidential nominee and his campaign reported a flood of fundraising dollars within hours of the verdict.
There has been some polling conducted on the prospect of a guilty verdict, although such hypothetical scenarios are notoriously difficult to predict. A recent ABC News/Ipsos poll found that only 4% of Trump鈥檚 supporters said they would withdraw their backing if he鈥檚 convicted of a felony, though another 16% said they would reconsider it.
After Trump is sentenced, he can challenge his conviction in a New York appellate court and possibly the state鈥檚 highest court. Trump鈥檚 lawyers have already been laying the groundwork for appeals with objections to the charges and rulings at trial.
The defence has accused the judge of bias, citing his daughter鈥檚 work heading a firm whose clients have included Biden, Vice President Kamala Harris and other Democrats. The judge refused the defence鈥檚 request to remove himself from the case, saying he was certain of his 鈥渁bility to be fair and impartial.鈥
Trump鈥檚 lawyers may also raise on appeal the judge鈥檚 ruling limiting the testimony of a potential defence expert witness. The defence wanted to call Bradley Smith, who served on the Federal Election Commission, to rebut the prosecution鈥檚 contention that the hush money payments amounted to campaign finance violations.
But the defence ended up not having him testify after the judge ruled he could give general background on the FEC but couldn鈥檛 interpret how federal campaign finance laws apply to the facts of Trump鈥檚 case or opine on whether Trump鈥檚 alleged actions violate those laws. There are often guardrails around expert testimony on legal matters, on the basis that it鈥檚 up to a judge 鈥 not an expert hired by one side or the other 鈥 to instruct jurors on applicable laws.
The defence may also argue that jurors were improperly allowed to hear sometimes graphic testimony from Daniels about her alleged 2006 sexual encounter with Trump, which he denies ever happened. The defence unsuccessfully pushed for a mistrial over the tawdry details prosecutors elicited from Daniels. Defence lawyer Todd Blanche argued Daniels鈥 description of a power imbalance with the older, taller Trump, was a 鈥渄og whistle for rape,鈥 irrelevant to the charges at hand, and 鈥渢he kind of testimony that makes it impossible to come back from.鈥
The verdict shows the jury wasn鈥檛 persuaded by Trump鈥檚 defence, which hinged on assailing the credibility of some key witnesses 鈥 especially Michael Cohen, the Trump attorney-turned-adversary who directly implicated Trump in the hush money scheme.
As in many criminal cases, Trump鈥檚 lawyers tried to make a lot of their points while questioning prosecution witnesses. The defence called just two witnesses of its own, including Robert Costello, a defence attorney who had sought to represent Cohen after the latter came under federal investigation due to his work for Trump.
The move may have backfired because it opened the door for prosecutors to question Costello about a purported pressure campaign aimed at keeping Cohen loyal to Trump after the FBI raided Cohen鈥檚 property in April 2018.
Costello buoyed the defence by testifying that Cohen denied to him that Trump knew anything about the US$130,000 hush money payment to Daniels.
But prosecutors portrayed Costello as a 鈥渄ouble agent鈥 whose agenda was really to keep Cohen from turning on Trump and confronted him with emails he sent to Cohen in which he repeatedly dangled his close ties to Trump ally Rudy Giuliani. In one email, Costello told Cohen: 鈥淪leep well tonight. you have friends in high places鈥 and relayed that there were 鈥渟ome very positive comments about you from the White House.鈥
The pugnacious Costello annoyed the judge 鈥 at times in view of the jury 鈥 by continuing to speak after objections and rolling his eyes. At one point, after sending the jury out of the room, the judge became enraged when he said Costello was staring him down. Merchan then briefly cleared the courtroom of reporters and scolded Costello, warning that if he acted out again, he鈥檇 be removed from the courtroom.
While projecting confidence, Trump and his campaign also spent weeks trying to undermine the case ahead of a potential conviction. He repeatedly called the whole system 鈥渞igged鈥 鈥 a term he also used in false descriptions of the election he lost to Biden in 2020.
鈥淢other Teresa could not beat these charges,鈥 Trump said Wednesday, invoking the Catholic nun and saint.
Trump has lambasted the judge and complained about members of the prosecution team as he tried to paint the case as nothing more than a politically motivated witch hunt brought by Bragg, a Democrat.
He has also complained about a gag order that restricted him from speaking about some people involved in the case. Instead of testifying in the case 鈥 and subjecting himself to cross-examination 鈥 Trump has focused on the court of public opinion and the voters who will ultimately decide his fate.
___
Richer reported from Washington. Associated Press reporters Steve Peoples and Jennifer Peltz contributed from New York.
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