Earlier on Tuesday, former and potentially future President Donald Trump was arrainged in Miami for his handling of classified documents. He pled not guilty on all 37 counts brought forth by Special Counsel Jack Smith.
Law Professor Jonathan Turley over recent days has explained through many channels what is at stake if Trump is found guilty of even just one charge. In an opinion piece for USA Today published on Tuesday, Turley detailed how the maximum sentence for the charges come with 10-12 years in prison potentially. He isn't exactly a young man.
Trump must defeat all 37 charges, while prosecutors only need to find one to stick. As Turley laid out:
For Trump, his team must run the table on all of the 37 counts. As a man who will turn 77 years old on Wednesday, Trump cannot allow for a single count to survive because the charges come with a potential of 10-12 years in prison. It would ordinarily be unlikely for a first offender in such cases to receive prison time, but this is no ordinary case.
Even half of the time served on one of these counts could be a terminal sentence for a man of Trump's age. I am the founder of the Project for Older Prisoners, and I can attest of how prison ages people, particularly those with no prior experience with incarceration.
Turley had made similar remarks during his Sunday appearance on Fox News. "The problem is, he’s got to run the table--he’s 76 years old," Turley told "Fox News Sunday" host Shannon Bream. "All the government has to do is stick the landing on one count, and he could have a terminal sentence. You’re talking about crimes that have a 10- or 20-year period as a maximum."
Law professor Jonathan Turley, who has defended former President Donald Trump in the past, on the federal indictment facing the president: “This evidence here is quite strong.” pic.twitter.com/jMwVbAUNS0
— Jason Rantz on KTTH Radio (@jasonrantz) June 11, 2023
Additionally, Turley said that "this evidence here is quite strong," and that "some of the evidence is coming from his former counsel, and these are very damaging statements made against him, adding "it may be hard to move those."
Turley discussed other looming issues to do with the trial in that Tuesday op-ed, including the difficulties of finding an impartial jury. He also made a key point about the timeline, writing early on that "Smith's greatest problem is not Trump, but time." As he continued:
The Justice Department has long followed a rule that it should not take actions that could influence elections. While there are ambiguities around the meaning of this policy, many legal observers read this rule as kicking in 90 days before an election.
The first primary elections are scheduled for the first week of next February. That places the redline for prosecutors in the first week of November.
Since the Justice Department has generally followed this rule, a departure for Trump would reinforce the view of almost half of Americans that the charges are politically motivated.
However, a failure to try the case before November could mean pushing the trial until after the election.
Republican contenders are already suggesting that they may pardon Trump if elected, and Trump might even be able to issue himself a pardon if he is the winner. It could mean that Smith might never see a jury seated in this case, let alone a guilty verdict.
A trial could start in August though, based on the constitutional right to a fair trial, though defendants often waive that right so as to better prepare. "The Trump team would be legally insane not to waive," Turley pointed out. Another way in which time comes in has to do with challenges on certain issues, which could result in appellate courts delaying the matter for months.
Turley closed his op-ed for USA Today by pointing out that the numbers "add up to far more uncertainty than either side seems willing to acknowledge."
Since Trump's officially entered his not guilty plea, Turley weighed in further with a Twitter thread to express skepticism with the Espionage Act charges as well as discuss the timeline for Trump's other cases and the election.
...The most important aspect of these initial challenges may be the delay that they will cause. Smith wants a speedy trial for a reason, but even if he can get through these challenges, Trump's litigation schedule may make a pre-election trial even more difficult.…
— Jonathan Turley (@JonathanTurley) June 13, 2023
...There is an ironic element to the pile on in these cases. With cases in New York (2), Miami, and one expected in Georgia, Trump's dance card is filling up fast. While federal cases are often given priority, the multiple fronts could reduce the window for the federal trial.
— Jonathan Turley (@JonathanTurley) June 13, 2023
This is only one of several cases against Trump. In late March, it was revealed that Manhattan DA Alvin Bragg was bringing forth charges to do with a hush money case, which the former president pled not guilty to in April. More charges are also expected to come in Georgia to do with the 2020 election.
Join the conversation as a VIP Member