Former Justice Department prosecutor Andrew Weissmann doesn't see how Donald Trump can escape the New York sentencing without serving jail time.
Trump has been accused of asking his supporters to . Trump previously asked his supporters to come to New York for him .
Speaking to MSNBC on Friday, Weissmann explained that the fact Trump was the "leader of this scheme and it was for his benefit" will inspire a jail sentence from Judge Juan Merchan.
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He went on to say that another weight that might be hung around Trump's neck is the idea that he continues to call for retribution, "even when he's being goaded by people trying to help him."
An interview with "Dr. Phil" McGraw, which aired Thursday, pressed Trump on whether Trump should relax his comments about "retribution." While McGraw argued it could end with him, Trump said he would press forward with it.
"Imagine any other defendant who says, yeah, I'm planning on — I'm continuing to rob banks. I think it's a good thing. I'm planning on going after the prosecutor who just prosecuted me," said Weissmann. "You don't think that is a sentencing factor that the judge should consider? All of that goes into the fact, I think, so it's going to be extremely hard to come up with a non-jail sentence."
The one reason he thinks the judge may not is because Trump is running for president.
"But I think that factor kind of goes away because he either will lose the election, in which case he can go to prison any day of the week, or if he's going to be president, then the jail term isn't going to really start until after he's out of office," Weissmann explained. "I mean, as a practical matter. I just think it's unlikely the judge will say you have to start the jail sentence between now and the election."
Once that idea is off the table, he said, it's hard to see the judge holding back on the jail sentence.
'Extremely hard to come up with a nonjail sentence': legal analyst on Trump www.youtube.com
