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as a cbs news reporter observed. >> when i spoke to his lawyer, todd blanche, he didn't rule out the possibility that trump could be in jail during the republican enational convention. when sen etensing happens on july 1 #19, there's an expectation he could be put on probation. >> trump's lawyers are appealing this entire conviction while also arguing against jail time for trump. so they have about two weeks to submit this motion on the jail time that's separate from a wider appeal, that's to the same judge, merchan. a theme explored in sole survival, the track with the plaintiff request road trip, trafficking the white, please lord, don't let me go to jail tonight. convicts know they can go to jail. they usually don't want. to now, trump does have better odds legally of being spared jail than the other attack they're making, which is trying to just get the whole conviction
gets it wrong. i don't think there's a realistic hans that donald trump is going to jail this year. >> right. >> let's say the judge does what i said and sentences him to a year in prison or home confinement. trump will file the next day a motion for bail pending appeal, which is basically a document that says to the court, hey, i've got some grounds for an appeal here, don't jail me now. let's see what happens in the appeal. and almost certainly that is going to be a granted motion. they're routinely filed. i file them, you know, lots of people have filed them. so i don't think that's realistic. >> let me slow you down just on your lingo, neal. when you say a granted motion, all of that, what you're saying is there is precedent. it is within the normal process that even if he got a jail sentence he wouldn't be physically going into the jail immediately because, in fairness, he would get to exhaust his right to appeal it. >> exactly. he gets to hit the pause button, i mean, and say to the judge, don't jail me now. maybe jail me at the end of the
falsifying a business record to swing or try and swing the 2016 election. so i expect what the prosecution's going to focus on -- and a key variable is the d.a. bragg going to seek a jail sentence. i suspect he will both because of the pornts of the crime but also because donald trump showed a lack of remorse through the process and his behavior through the trial was just appalling. and the judge is firmly within his rights to look at all of that. >> so what would, in your view, a fair request from the d.a.'s side look like, knowing that, as i mentioned, it's still going to be fought out in court? >> yeah, i do think it's a sentence of potentially a year or something like that. it may not have to be served in a penitentiary. it might be served in home confinement, but i do think this is, you know, not minor stuff. this is pretty serious. now, the other question is -- and this is where i think that todd blanche and the -- just
courts process that would keep him out of ha jail cell sooner or later, then yes, you can bet the appeal after the sentencing will be a huge deal in our public and legal life for months to come. we turn now to someone who knows all about appeals, neal katyal, the former acting solicitor general for the obama sxhrgs msnbc legal analyst. welcome back. your thoughts on all the above. >> yeah, so i think when you think about the question of what's going to happen to trump on sentencing, there's two pieces of it. one is what's the judge going to sentence. and the second is how does whatever sen sense is imposed intersect with the appellate process. so ari, with respect to the first, he's been convicted of 34 count, 34 felonies, and it's, of course, the case that most first-time offenders don't get jail time. but 34 felonies is different, and it's also the gravity of the felonies. it's what happened. it's not just falsifying any old business record, it was
gag order. there seemed to be an interest in hyping that as gree evans when it wasn't even happening. >> the judge even said the last thing i want to do, mr. trump, is put you in jail. you're presidential candidate and the like. so that's why i think that quote from mark that you had before was right. s that judge who is meticulous and did things right. it's also like the rhetoric you're pointing to, ari, it's the rhetoric of trump. like today he was on social media saying the supreme court must decide this today in my favor. supreme court already is not going to like decide this case right now. of course not, there's no federal issue. if trump try, he's going to lose every day of the week. so you know, there's just a lot of heated rhetoric that's going around. and i do think we all have to do what the jury did last week, which is just examine the facts, look at what the facts were, and make our own judgement, that's where what the jury did and unanimously found him guilty. >> understood. neal katyal, we appreciate your
>> what jeff, what do you think is expect the defense strategy to be because there was a document he signed which said he wasn't taking drugs and was according to it's a tough situation the judge yesterday ruled that an addiction specialist could not testify as an expert. i assume what abbe lowell was going to try to do is meticulously go through when the when the form was signed and whether at that precise moment hunter hunter biden was abusing drugs because it is true like a lot of attics sometimes you was sometimes you wasn't. and whether the timing matches up is something the prosecution is going to have to prove and i absolutely certainly going to make them it's going to challenge that at every point, but it's also worth remembering the vast majority of people charged in federal court wind up being convicted. so he sent a lot of trouble, geoff tube and thank you. >> kate benningfield as well,
know, i can't put myself in the mind of u.s. senator and that particular senator. but if someone has the aspiration to be a vice president or cabinet member or member of the supreme court all of which are not unviable prospects for someone like him and others, you don't want to get on the wrong side of donald trump. and donald trump's rhetoric i think you know is the model here for everyone here that's talking about it. it's very performative. i think it's dangerous when we're talking about separating out criticism, good faith criticism of the judge, the defense or the jury, there have been jury decisions made in this country. including the o.j. simpson case back 30 years ago that people disagree with. and i don't remember people talking about or seeming to accept the idea of violent against those jurors. this is something we haven't seen that much of before and i think it's dangerous and it's improper. >> thank you as always.
>> do you agree with that it would be difficult or nearly impossible for the law enforcement institutions to put him in actual jail? >> no, distant double wide somewhere out near the grouse and he would eat there, he would shower there, he would exercise their, he would be away from the general population but it's obvious you doable. >> jesse: democrat benny thompson just introduced legislation to strip presidents of secret service protection if they are incarcerated. he wants on trump shaved in the yard? here's what the former president had disabled going to prison, watch. >> mr. trump: the judge could say house arrest or jail, id phase -- >> mr. trump: i'm okay with it. one of my lawyers the other days said, you don't want to do that. is said due to, it's the way it is. i don't know if the public would stand it. i'm not sure the public would stand for it. >> it with a house arrest? >> mr. trump: think would be tougher the public to take.
years and he joins me now. i want to start with the over all point i was making. you're a federal prosecutor under the last democratic administration. explain how ridiculous these claims of a weaponized d.o. j. and please if i missed anything, please add it as well >> no you were pretty comprehensive. thank you for having me. it's perfectly legal for people to have arguments about and give their opinions about the nature of the evidence, the strength of the evidence. the rulings of the judge. whether or not their appealable issues. but this flatter society conspiracy theorizing that goes on, just stretches every bit of normal good faith person would have. joe biden who's the commander in chief and president of the united states has all this power that he's using to be a
new york how does that make you feel? >> i'm a little upset. >> terrible. >> passed off, i turned off the tv at work, 11 a listen to it anymore. >> increase your ability to negotiate. >> it makes me feel happy. >> why? >> everybody knew he did things he was supposed to do. >> what was a crime he committed? >> no i'm not aware of specifics. >> i don't even know. [ laughter ] >> i can't even think of it. >> harsh money! >> what is hush money? >> it money to be quiet. soon and he was paid to be quiet? >> he paid a born start to be quiet allegedly. >> who? >> stormy daniels. >> ola curry, she's good! >> some should take that magazine and spanky with it. soon did donald trump or save a fair trial? >> the judge was handed back and read that.