• AIhasUse@lemmy.world
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    1 year ago

    The current record for number of US presidental votes received while in prison is about 1,000,000. Eugene V. Debs is the record holder, and that election was in 1920. Trump just may beat him this year. There is no law that says you can’t be president while in prison.

    • soul@lemmy.world
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      1 year ago

      It’s not like Trump is going to prison for this. He’s old, has no record, and did serve as president, regardless of how people feel about it. Plus, he’s going to appeal, which means this thing will drag on long enough to still not matter, sadly.

      • elliot_crane@lemmy.world
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        1 year ago

        In the state of New York, you serve time while awaiting appeal. If the judge opts to remand him to house arrest, which I think is the most likely outcome, his ass is staying put until his next court date.

          • elliot_crane@lemmy.world
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            1 year ago

            NYS BAR Association: https://nysba.org/NYSBA/Publications/LegalEASE Pamphlet Series/PUBS_LegalEase_YourRIghtsToAppealInCriminalCase_final.pdf

            Bear in mind that the sentence imposed by the lower court will go into effect while the appeal is being considered by the appellate court unless the trial judge or appellate court stays the sentence or a part of it (orders that it not go into effect). The order staying the judgment of conviction and sentence may include a requirement to post bail.

            The “unless” (emphasis mine) is the operative word. The trial judge can choose to exercise discretion, but is under no requirement to specify any changes upon receiving an appeal.

            That is to say, the default procedure is, as I said above, the convicted party serves their sentence during the time the appeal is being processed and considered.

            • disguy_ovahea@lemmy.world
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              1 year ago

              You’re technically correct, but your comment may have mislead others to think remaining incarcerated was likely. It’s far more common to allow for exceptions during appeal of a nonviolent crime. He’ll also gain favor as a former President, as the judge will determine eligibility based on character and previous record.

              With that being said, I don’t think sentencing will include prison time, due to the fact that they’re nonviolent class E felonies. I hope I’m wrong.

        • catloaf@lemm.ee
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          1 year ago

          That’s assuming they actually sentence him to any kind of confinement and not just a really big fine (that he can’t and won’t pay anyway).

          • Olhonestjim@lemmy.world
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            1 year ago

            I mean, that judge is NOT happy with Trump, and has already lamented the fact that fines mean nothing to him.

            • bamfic@lemmy.world
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              1 year ago

              Ooh this is an interesting point! I wonder if the continual fines having no effect to stop him from violating the gag order will give the judge a very defensible reason to sentence for something other than a fine.

        • soul@lemmy.world
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          1 year ago

          While that may mean there is a technical component to it, that’s not what people mean when they’re thinking about it. Being put into a prison is what people are referring to and that isn’t likely to happen.

        • soul@lemmy.world
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          1 year ago

          No, he had a sexual abuse charge, not rape. None of the above was a criminal charge, only civil.