Napolitano assures Newsmax: Trump will avoid jail time

Retired Judge Andrew Napolitano expressed his disagreement on Sunday with the notion that former President Donald Trump will face any jail time, suspended or otherwise. He argued that Trump’s case does not meet the criteria typically used to incarcerate convicted felons.

Napolitano shared his views on Newsmax’s “Sunday Report” after stating that he believes Trump will receive a suspended sentence. He emphasized that Judge Juan Merchan has the legal authority but may not choose to send Trump to jail immediately upon sentencing.

Napolitano explained that judges consider aggravating and mitigating factors before deciding on a sentence. In this case, Trump’s lack of a criminal record, non-violent offense, absence of harm to victims, and non-menace to society would likely lead to a noncustodial sentence involving a fine and probation.

He predicted that probation would be challenging for Trump, requiring regular check-ins with a probation officer. Napolitano highlighted that Trump’s defense is likely to appeal the guilty verdict due to a “fatal flaw” in the case related to the lack of specificity around the underlying crimes.

Napolitano also mentioned the lengthy appeals process ahead for Trump, potentially lasting several years. He expected at least one juror to speak out about the lack of clarity in the verdict and the need for unanimous agreement on all charges.

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