Former U.S. President Donald Trump and lawyer Todd Branch spoke to the media in Manhattan Criminal Court in New York City on Tuesday on charges that he concealed hush money payments.
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The hush-money trial against former President Donald Trump is nearing its end, but the jury has yet to decide Trump’s fate.
The jury must consider 34 charges against the Republican candidate. If they find Trump guilty, he could face jail time.
The team at NPR’s Trump Trial Podcast spoke with former U.S. Attorney Harry Litman, who broke down three possible conclusions a jury could reach.
1. Trump was found guilty
If a jury finds Trump guilty on all 34 counts, he would be eligible for prison time. But Litman said, “As far as I know, there’s actually no chance he’ll be in jail before November.”
This is because sentencing hearings are typically scheduled within a few months of sentencing. Littman said even if Judge Juan Melchan chooses to sentence Trump to a few months in prison, it won’t happen immediately. If found guilty, Trump is likely to appeal the decision and all prison time will be retained while the appeal moves through the courts, which could take years.
2. It’s a hung jury
If the jury cannot reach a verdict, the judge may declare a mistrial. The Manhattan district attorney could then choose to retry the case with a new jury. But Littman suspects the political calendar would complicate any immediate retrial because it could conflict with the November election.
“I think they will try again, but not until after the election. Of course, once the election happens, all bets are off.
Littman said he was concerned about the possibility of a hung jury, but added that concern is part of any jury trial. Littman spent several days in the courtroom to observe the jury as they heard testimony. He said he pays close attention to how juries follow cases, “I like [the prosecution’s] There is no possibility of a persistent juror.
Litman also pointed out that Trump may be able to use the mistrial and view it as a victory. Trump has repeatedly claimed, without evidence, that the case is a “witch hunt,” politically motivated and an attempt by Democrats to interfere with his campaign.
Speaking outside the court last week, Trump said, “This is all about Biden, he can’t run, so he’s trying to hurt his opponent. They’re trying to hurt their opponent because they can’t win fair and square.
3. Trump was acquitted
If the jury finds Trump not guilty on all 34 counts, prosecutors will not be able to try him again. It would be a major political victory for Trump, but Littman believes the chance of innocence is “zero.”
As the case progressed, Trump repeatedly used the drama in the courtroom to inspire his followers to donate to his campaign. Send fundraising emails with provocative headlines such as “I demand a mistrial!” and “They want me in handcuffs.”
When can we expect the verdict?
Jurors are expected to begin deliberations on Wednesday, when they could reach a decision as soon as the same day. Littman predicted Friday afternoon might be the best time.
Deliberations are likely to last until the first week of June. The longer the jury takes to deliberate, the greater the chance of a mistrial, Litman said.
