HONIG: Has to be. If I had a client, who had three other pending indictments and several civil verdicts in the process of appeal, I would absolutely insist on being there. Because what he says can be used against him in certain circumstances.
Another thing to keep your eye on here is now that Trump’s been convicted, once he’s sentenced in New York, that could actually bump up his punishment, if he’s convicted in the other cases.
HABERMAN: Right.
HONIG: Because those cases, what you do is you calculate a person’s criminal history. Now, he has a criminal history.
COLLINS: You’re agreeing, Maggie. I mean, what impact do you think it could have?
HABERMAN: I think it could have all of the impacts that Elie just described. I also think that it could end up being — and I’m not sure that this will happen, but — because it hasn’t happened yet. But it could end up being a factor in whether prosecutors, in any of the other cases — and Elie, correct me if I’m wrong.
HONIG: Yes.
HABERMAN: If they want to suggest that this impacts his release conditions from–
HONIG: Yes.
[21:10:00]
HABERMAN: –on those indictments. Now, again, I don’t think that’s likely.
But I do think that we have seen Jack Smith raise concerns about his attacks on the FBI. Judge Cannon, in that case, the Mar-a-Lago documents case, did not agree with them. It’s just something — it’s more grist that prosecutors can point to.
COLLINS: Well and if he’s not — if there’s not jail, as a result of this, I mean, even if he’s checking with the probation officer, that would be pretty remarkable, in the homestretch of the presidential campaign.
HONIG: Yes, and have a curfew, at least sometimes, and to have a geographic restriction. I mean, the conditions for probation can differ quite a bit.
But I do want to make this point. Even if Judge Merchan sentences Trump, to prison, and I think there’s a decent chance he does, that sentence will almost certainly not be imposed–
HABERMAN: Exactly.
COLLINS: –until after appeal.
HABERMAN: I was about to say it.
HONIG: Yes.
HABERMAN: Yes, I assume that he is going to defer the sentence, until after — while the appeal is ongoing, and setting aside.
COLLINS: Yes.
HABERMAN: But again — and then that likely gets us till after the election.
HONIG: For sure.
COLLINS: And of course, we know Trump is going to appeal this.
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