Michael Cohen, the former attorney for ex-President Donald Trump, voiced concerns over potential national security risks if Trump is incarcerated following his recent conviction in a criminal case related to hush money payments.
The case, initiated by Manhattan District Attorney Alvin Bragg, saw a New York jury on Thursday declare Trump guilty on 34 counts of falsifying business records. These charges are linked to a hush money payment made to adult film actress Stormy Daniels by Cohen just before the 2016 presidential election. Daniels claimed to have had a sexual encounter with Trump in 2006, an allegation Trump has consistently denied. Despite the guilty verdict, Trump continues to assert his innocence, attributing the case to political motivations. His legal team has vowed to contest the case, including filing an appeal if necessary.
"This was a disgrace. This was a rigged trial by a conflicted judge who was corrupt," Trump declared outside the courtroom after the verdict.
Each count is classified as a class E felony under New York state law, punishable by a fine and up to five years in prison. Judge Juan Merchan, who presided over the case, is set to announce Trump's sentencing on July 11, just four days before the Republican National Convention commences its process of officially nominating its 2024 candidate.
In an interview with MSNBC on Saturday, Cohen, who served as a crucial witness for the prosecution in the case and is a vocal critic of Trump, discussed the possibility of a jail sentence for Trump. He expressed concern that if the former president is incarcerated, he might divulge America's secrets.
"I'm afraid of him going to jail, not for him, not for his safety, that's on him. I'm more concerned for you and for all of us and our families and for the American people because this clown had four years of being debriefed on national security issues. On top of that, if he becomes the Republican nominee he gets debriefed again, starting now, think about this," Cohen stated.
He continued: "You have now a Republican-leading candidate who is a felon who is going to be debriefed on national security issues knowing how loosely lipped he is...My concern is, in a prison situation, he's willing to give away these secrets for a bag of tuna or a book of stamps and he will do it because he doesn't care. If America turns against him he rather see America burn to the ground and that's who Donald Trump is."
Cohen himself served prison time after pleading guilty to eight criminal counts, including campaign finance violations related to the alleged hush money scheme. Additionally, in November 2018, Cohen pleaded guilty in federal court to lying to Congress about Trump's reported business dealings with Russia during the 2016 presidential campaign.
Since 1952, it has been customary for major-party presidential candidates to receive intelligence briefings during their campaigns. However, this is not a legal requirement but rather a courtesy extended to presidential candidates.
Legal experts, meanwhile, believe it is improbable that Trump will face a prison sentence for his conviction.
Gregory Germain, a law professor at Syracuse University, previously stated that it would be "very hard for the judge to justify" imprisoning the leading presidential candidate of a major political party.
"I think a prison sentence is unlikely for a first time nonviolent Class E felony. Any other defendant would be given probation, and I think it will be very hard for the judge to justify a prison sentence over a records violation," Germain said. He added that it would also "create a constitutional crisis, and I would expect emergency motions to stay the sentence pending appeal."
Bradley Moss, a New York-based attorney and frequent critic of Trump, concurred that there was "virtually zero chance" that Trump would be immediately incarcerated given that his charges are non-violent.
Moss added: "No one knows for certain how to handle incarcerating a former President," although for "a short-term stay of nothing more than a few months, it is likely prison authorities could section off a part of a prison facility."
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