CENTER FOR ETHICS AND THE RULE OF LAW​

Finkelstein weighs in as Trump becomes the first former U.S. president convicted of a criminal offense

CERL’s Professor Claire Finkelstein spoke with Al Jazeera in light of Donald Trump becoming the first former U.S. president convicted of a criminal offense. Yesterday, Trump was found guilty on all 34 counts in relation to falsifying business records.

When asked on what grounds Trump might file for appeal, an intention already proclaimed, Finkelstein explained that two bases have been suggested: one, the confliction of presiding New York County Supreme Court Justice Juan Manuel Merchan; and two, the denial of Trump’s request for a venue change.

“That was a kind of obvious ground for appeal,” said Finkelstein. “Namely, he was going to suggest that the jury was biased, that he couldn’t get a fair trial in Manhattan, and that he had wanted, originally, a venue change to Staten Island. Which is the only place that is solidly Republican that he could count on.” Finkelstein added these particular grounds for appeal are “really unlikely to be successful.”

The timeline of the subsequent sentencing, set for July 11, and anticipated appeals are tricky, as the presidential election looms in November. Despite the weak grounds for appeals, the sentence is likely to be suspended while appeals are taking place, and may not affect the course of Trump’s campaign as he runs for a second term.

“It’s very unlikely that Donald Trump will be that defendant who comes in and apologizes for what he did,” said Finkelstein. “I don’t think we’re going to find that kind of turnaround in the case of Donald Trump, who is going to be using this sentencing hearing as one more campaign stop. That’s not going to play very well for him with the judge.”

Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the Rule of Law. Read her bio here.   

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.

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Finkelstein weighs in as Trump becomes the first former U.S. president convicted of a criminal offense