In the wake of the consequential ruling that saw former President Trump convicted on 34 felony counts of falsifying business records, CNN’s tone was mostly sober as they went through the play-by-play of what happened in the courtroom and what procedures needed and were to unfold in the coming days, weeks, and months. However, legal analyst Karen Friedman Agnifilo had a pretty major concern: that Trump would get special treatment and not be imprisoned.
She explained that Trump would have to “report to probation” so they could put together a “pre-sentencing report where they take certain information.” Included in that “certain information” was “whether or not he expresses remorse” for his crimes because Judge Juan Merchan factors that into his consideration for sentencing.
According to her, anyone else not named “Trump” would “absolutely without a doubt” get thrown behind bars and he could get special treatment:
If you removed the name Donald Trump from his consideration, and it was somebody who came before him pre-sentence that also had three open other felony indictments in three other jurisdictions in both state and federal court. He is somebody who has been convicted of 34 felony counts, was held in contempt ten times for disobeying Judge Merchan's orders. He would absolutely fall within that 10 to 30 percent who would be sentenced to prison.
But because his name is Donald Trump, who knows what will happen. But those are the exact factors that any judge in New York State would take into consideration. And those are the people who are convicted of E felon - felonies that would go to prison.
“There are a wide range of options he could get up to four years,” she elaborated.
Friedman Agnifilo also suggested that Trump could be sentenced to “do weekends in jail … where you literally report to jail for weekends.”
On the lighter end, she said Trump could be sentenced to “probation. He could do community service where he has to pick up trash on the subways … He could do home arrest.”
Citing her “30 years” working a district attorney’s office and having “seen hundreds of thousands of cases and sentences,” she was convinced that if Trump – a first-time, non-violent offender – got anything less than a prison sentence, he would be getting special treatment:
And absolutely without a doubt, any other defendant who was similarly clearly situated to Donald Trump, who is not going to show remorse and who, I am sure, will push the bounds of the still-remaining gag order after this, we'll see what happens. But anyone else in that position would get - would get prison.
The transcript is below. Click "expand" to read:
CNN’s The Situation Room
May 30, 2024
6:08:40 p.m. Eastern(…)
JAKE TAPPER: Karen, the sentencing process tell us more about that.
KAREN FRIEDMAN AGNIFILO: Yes. So, what will happen is that Donald Trump will have to report to probation and probation will prepare what's called a pre-sentencing report where they take certain information and this is something they do in every case before sentencing.
Certain information about him, including whether or not he expresses remorse because that is something that is normally taken into consideration for sentencing. When Judge [Juan] Merchan actually sentences any defendant, he takes many factors into consideration.
If you removed the name Donald Trump from his consideration, and it was somebody who came before him pre-sentence that also had three open other felony indictments in three other jurisdictions in both state and federal court. He is somebody who has been convicted of 34 felony counts, was held in contempt ten times for disobeying Judge Merchan's orders. He would absolutely fall within that 10 to 30 percent who would be sentenced to prison.
But because his name is Donald Trump, who knows what will happen. But those are the exact factors that any judge in New York State would take into consideration. And those are the people who are convicted of E felon - felonies that would go to prison.
Now, he could he could – he could – There are a wide range of options he could get up to four years. He could also do weekends in jail there's – there's – that’s as option if Judge Merchan wanted to do that, where you literally report to jail for weekends. He could do probation. He could do community service where he has to pick up trash on the subways.
JAMIE GANGEL: Could he do home arrest?
FRIEDMAN AGNIFILO: He could do home arrest. Every option is on the table with a class-E felony like this. But I wanted to just put a perspective for people of what any other defendant – Because I worked in the DA's office for about 30 years. I've seen hundreds of thousands of cases and sentences, and those are the factors that would’ve gone into that equation. And absolutely without a doubt, any other defendant who was similarly clearly situated to Donald Trump, who is not going to show remorse and who, I am sure, will push the bounds of the still-remaining gag order after this, we'll see what happens. But anyone else in that position would get would get prison.
(…)
