'Dumb proposal': Internet divided over Trump facing lesser misdemeanor charges in hush money trial

Donald Trump's legal team has been given the option to propose misdemeanor charges during the closing arguments of his hush money trial
PUBLISHED MAY 20, 2024
This legal strategy could allow Trump's (R) lawyers, led by Blanche (L), to significantly reduce the potential penalties if convicted (Getty Images)
This legal strategy could allow Trump's (R) lawyers, led by Blanche (L), to significantly reduce the potential penalties if convicted (Getty Images)

NEW YORK CITY, NEW YORK: As the high-stakes hush money trial against former President Donald Trump enters its final stages, his legal team, led by Todd Blanche, faces a crucial decision: whether to embrace a potential misdemeanor route or maintain their stance on the felony charges, as per New York Post.

According to former judge Ethan Greenberg, writing in the Wall Street Journal, Trump's lawyers have been presented with the option to request that the jury consider 34 misdemeanor counts of falsifying business records, rather than the 34 felony counts alleged by prosecutors.

Trump's legal team faces decision about potentially taking the misdemeanor route

This legal strategy, known as a "lesser included offense" (LIO), could significantly reduce the potential penalties for Trump if convicted. While the felony charges carry a maximum sentence of four years in prison per count, a misdemeanor conviction would limit the punishment to a maximum of two years behind bars.

"An LIO is a less serious crime that carries lower penalties and is included within the definition of a more serious crime of which a defendant is accused," Greenberg explained.

However, Greenberg noted that this strategy is not without its risks. If the trial proceeds with the jury only considering felony counts and they determine that Trump falsified records without the intent to cover up a crime — as alleged by Manhattan District Attorney Alvin Bragg— Trump would be acquitted.

NEW YORK, NEW YORK - APRIL 19: Trump attorney Todd Blanche looks on as former U.S. President Donald Trump speaks to the media at the end of the day during Trump's criminal trial as jury selection continues at Manhattan Criminal Court on April 19, 2024 in New York City. Trump was charged with 34 counts of falsifying business records last year, which prosecutors say was an effort to hide a potential sex scandal, both before and after the 2016 presidential election. Trump is the first former U.S. president to face trial on criminal charges. (Photo by Mark Peterson - Pool/Getty Images)
Trump's lawyers, led by Todd Blanche, have been presented with the option to request that the jury consider 34 misdemeanor counts of falsifying business records (Photo by Mark Peterson - Pool/Getty Images)

Conversely, under the same circumstances with the LIO in play, Trump could be convicted of misdemeanors, which require only proof of intentional falsification of business records.

Prosecutors have charged that the alleged hush money payment to porn star Stormy Daniels was part of an illegal attempt to influence the 2016 election by concealing a damaging sex scandal from voters.

Another potential downside of opting for the LIO is the increased difficulty in appealing a conviction.

"A substantial body of case law in New York holds that if the defendant requests that a lesser included offense be submitted and is then convicted of that offense, the defendant waives his right to challenge on appeal the legal sufficiency of the evidence supporting that lesser charge," Greenberg wrote.

(Getty Images)
Trump's legal team faces decision about potentially taking the misdemeanor route (Getty Images)

Potential misdemeanor offer to Trump's legal team sparks flurry of reactions online

As news of the potential misdemeanor offer circulated, the internet erupted with a wave of reactions. One user commented, "The chances of Trump's charges being reduced to misdemeanors is just about ZERO." Another opined, "Nonsense, he should be acquitted cleanly and be done. This is a dumb proposal."

A third user expressed distrust in the judicial process, stating, "This corrupt judge is going to sentence Trump to the maximum penalty allowed by the law, regardless of whether it will be overturned."

Another user likened opting for lesser charges to an admission of guilt, saying, "Yeah, LIO is like telling the jury you're guilty. Unless you REALLY think you can persuade them that he is at most guilty of LIO's."

Some defended Trump's innocence, with one user declaring, "Innocent of all charges. The whole thing is a sham." Others advised against pursuing lesser charges, with one user arguing, "Would not ask for the LIO - as he has a chance of a full acquittal or hung jury after the evisceration of Michael Cohen during cross-examination."

Criticism extended to the judge presiding over the case, as one user remarked, "Just let this judge embarrass himself in front of every judge in the world. He’s the true clown in all of this."

Another warned of the potential consequences of seeking lesser charges, stating, "It would be a BAD BAD BAD CHOICE to go for lesser charges. As it stands there is at least a 25% chance of full acquittal and should he be convicted of felonies there is a 90% chance of it being overturned on appeal."

This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.

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