Legal Experts Explain What Happens Next In Trump Case: ‘You Get To Pick Your Judge’

Speculation continues to mount around the likelihood of former President Donald Trump serving jail time following his conviction on 34 counts last week in his hush money trial. With sentencing on June 11th looming overhead, Trump’s lawyers have a narrow window of time to take advantage of an appeals process that may avoid the clink, one expert said on Megyn Kelly’s show.

“It’s very unique in New York,” said attorney Arthur Aidala. “Let’s say his sentence is up to three days in jail. Three months, whatever. Immediately you say to Merchan, ‘Your Honor, can my client be held in the back… and allow me the opportunity to go to the appellate division. This is the one opportunity and only time in the court process in the State of New York when you get to pick your judge. So of the twenty-some odd judge of the appellate division you already have a judge lined up, and you say ‘Judge, my client’s being sentenced at 11:00. I would like to have a tentative appointment with you at 1:00 p.m., can we come over and see you if there’s a period of incarceration?’ The judge says yes. You run over there with the prosecutor with some paperwork. You have to show the judge at the appellate division your likelihood of success at the appellate level.”

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Aidala, the former president of the Brooklyn Bar Association, said that hyperbolic arguments about the historic nature of incarcerating a former president won’t fly. Instead, defense attorneys must rely on pressing an appellate judge to consider the “unique circumstances” around sentencing Trump.

“You have to say ‘Judge, you can’t let this guy go to jail for three minutes, let alone three days, because by the time his appeal gets perfected, there’s no redress. He can’t get those three days back. And more likely than not, under those circumstances, because you get to pick the judge who’s going to be a reasonable judge, the judge will stay the prison time until the appeal is over so this jail time thing will get put on the side until the appeal is totally perfected,” Aidala predicted. “If he loses the appeal at both the appellate division and the Court of Appeals, if they allow him to go up there, then he would have to do his three days in jail.”

WATCH:

Asked whether he would seek jail time for Trump, District Attorney Alvin Bragg declined to reveal his plans, saying in a Thursday press conference that prosecutors would indicate their recommendations in court filings at a later date, The Hill reported.

On Sunday President Trump encouraged the Supreme Court to take up his conviction, posting on Truth Social that political interference played a role in Bragg’s prosecution.

“The ‘Sentencing’ for not having done anything wrong will be, conveniently for the Fascists, 4 days before the Republican National Convention. A Radical Left Soros backed D.A., who ran on a platform of ‘I will get Trump,’ reporting to an “Acting” Local Judge, appointed by the Democrats, who is HIGHLY CONFLICTED, will make a decision which will determine the future of our Nation? The United States Supreme Court MUST DECIDE!,” he wrote in the post.

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