WASHINGTON (AP) 鈥 Donald Trump has had plenty to say since his hush money trial conviction last week.
, incorrectly linked President to the state prosecution, called the star witness against him a 鈥渟leazebag" and said the judge was a 鈥渄evil" and 鈥渉ighly conflicted.鈥
What he hasn鈥檛 done is utter any variation of the words that might benefit him most come sentencing time next month: 鈥淚'm sorry.鈥
It鈥檚 a truism of the criminal justice system that defendants hoping for lenient treatment at their sentencing are expected to take responsibility for their actions, even express remorse. But that flies in the face of Trump's longtime refusal to acknowledge any wrongdoing, a tone that he often strikes to portray strength and present himself as a fighter under ceaseless attack. While the strategy may resonate with his most loyal political supporters, during his New York criminal trial and could complicate his legal team's efforts to avoid a tough sentence.
鈥淭he fact, I think, that he has no remorse 鈥 quite the opposite, he continues to deny his guilt 鈥 is going to hurt him at sentencing," said Jeffrey Cohen, an associate professor at Boston College Law School and a former federal prosecutor in Massachusetts. "It鈥檚 one of the things that the judge can really point to that everybody is aware of 鈥 that he just denies this 鈥 and can use that as a strong basis for his sentence.鈥
Trump is on July 11 by Judge Juan M. Merchan, after the former president racked up thousands of dollars in fines for violating a gag order. He has been the target of Trump's relentless ire.
The of falsifying business records Trump was found guilty of are charges punishable by up to four years in prison. It鈥檚 not clear whether prosecutors intend to seek imprisonment 鈥 Manhattan District Attorney Alvin Bragg dodged a question on that Thursday 鈥 or whether Merchan would sentence him behind bars even if that鈥檚 the recommendation.
As part of a broader, rambling broadside against the case, Trump has sought to downplay any concerns about his sentence, saying in a 鈥淔ox & Friends Weekend鈥 interview that aired on Sunday that he was 鈥淥K鈥 with the prospect of imprisonment or home confinement.
鈥淚 saw one of my lawyers the other day on television saying, 鈥榦h, no, you don鈥檛 want to do that鈥欌 to a former president. 鈥淚 said, don鈥檛, you know, beg for anything. It鈥檚 just the way it is.鈥
He will have the option to address the judge at his sentencing hearing though he is not required to do so, and some legal experts have said it would be inadvisable for him to speak. He did not testify in his own defense at the trial, something he later suggested had to do with concerns that prosecutors would try to catch him in a trivial falsehood.
鈥淚f he turns around and blames the court, attacks prosecutors, decries this as a witch hunt, lies 鈥 you should have no misgiving: There will be consequences and there should be consequences,鈥 said Jeremy Saland, a former assistant district attorney in Manhattan.
In addition, Trump's constant attacks on the prosecutors, judge and court system and his aggressive trial strategy 鈥 as well as involvement in the subsequent scheme to buy her silence 鈥 would make any change of tune at his sentencing seem disingenuous.
鈥淚 don鈥檛 see any real benefit of him speaking at sentencing because even if he did say something, he鈥檚 saying the exact opposite outside the courtroom and the judge is not unaware of that," Cohen said.
To be sure, there are multiple other factors that could tilt against a prison sentence 鈥 Trump's apparent lack of contrition notwithstanding. Merchan could conclude, for instance, that there's a strong societal interest against having a former, and potentially future, president in jail.
鈥淪ometimes as a judge and a prosecutor, you have to look at the proverbial scoreboard and say, 鈥楾hat鈥檚 enough.' And that scoreboard here is a permanent brand that you'd see on the side of cattle of a big fat 鈥楩鈥 for felony," Saland said.
鈥淚t is far worse than any scarlet letter could ever be,鈥 he added. 鈥淎nd no matter what he says, no matter how he spins it, no matter if it's a day in jail or not, he will always be a convicted felon. Period.鈥
