It’s up to the jury to decide if Donald Trump is guilty or not. If he’s acquitted, that’s the end of the trial, and prosecutors can’t charge him again for the same crimes. But if the jury comes back with a guilty verdict, nearly everything about what happens next would be up to Judge Juan Merchan.
The experienced New York Supreme Court judge who has presided over Trump’s Manhattan trial for six weeks will have several thorny decisions before him including whether he should send a former President to jail or probation, and if any sentence should be postponed until after Trump has exhausted his appeals. Every decision would reverberate across the political landscape and, depending on the timing, could greatly affect the election in November.
That’s a lot of power vested in one person. Here’s a look at the decisions that Merchan would face involving Trump’s future after a conviction.
Revisiting Trump’s bail conditions
The first decisions would come almost immediately after jurors notified the judge they had found Trump guilty. After that, the jury’s duties would be complete and Judge Merchan would dismiss them. It would be up to jurors to decide if they want to talk to reporters or the legal teams after the case about why they voted the way they did.
At that point, prosecutors would have an opportunity to ask the judge to increase Trump’s bail, a common request that is meant to act as a guarantee that a newly convicted defendant will return to court for the sentencing hearing and any other court requirements related to the case. In some trials, prosecutors argue that a defendant who has been found guilty presents an increased risk of fleeing and would ask the judge for stricter bail terms, including being remanded to jail until the formal sentencing hearing. Trump has posted a $175 million bond in the Manhattan fraud case. It is unlikely Merchan would change the terms of Trump’s bail.
The sentencing hearing
Even scheduling Trump’s sentencing…
