Since his conviction in the hush money trial last week, Donald Trump has been vocal in his criticisms. He claimed the case was rigged, incorrectly linked President Joe Biden to the state prosecution, referred to the star witness as a "sleazebag," and called the judge a "devil" and "highly conflicted."
Notably absent from Trump's remarks has been any expression of remorse, which is typically seen as beneficial during sentencing. Defendants who take responsibility for their actions and show remorse are often treated more leniently. However, Trump's longstanding refusal to acknowledge any wrongdoing and his portrayal of himself as a fighter under attack might resonate with his supporters but could complicate his legal team's efforts to secure a lenient sentence.
Jeffrey Cohen, an associate professor at Boston College Law School and a former federal prosecutor, noted that Trump's lack of remorse could hurt him at sentencing. Judge Juan M. Merchan, who imposed fines on Trump for violating a gag order during the trial, will sentence him on July 11. Trump was found guilty of 34 felony counts of falsifying business records, each carrying a potential prison term of up to four years. It remains unclear if prosecutors will seek imprisonment or if Merchan will impose a prison sentence even if recommended.
In an interview on "Fox & Friends Weekend," Trump downplayed concerns about his sentence, expressing indifference to the prospect of imprisonment or home confinement. He will have the option to address the judge at the sentencing hearing, though it may not be advisable for him to do so. His aggressive trial strategy and public denials of the affair with Stormy Daniels and the subsequent hush money scheme would likely make any expression of remorse seem insincere.
Former assistant district attorney Jeremy Saland emphasized that attacking the court and prosecutors or decrying the case as a witch hunt during sentencing would have consequences. Cohen added that any remarks Trump might make at sentencing would be overshadowed by his contradictory statements outside the courtroom.
Despite his lack of contrition, other factors could mitigate against a prison sentence. Judge Merchan might consider the societal impact of imprisoning a former president. Saland suggested that the permanent felony conviction itself could be deemed a sufficient penalty, branding Trump with an indelible mark far worse than any physical punishment. Regardless of his sentence, Trump will always be a convicted felon.
