Ultimately if there is a conviction, the sentence would be dependent on the judge overseeing the case and what that judge feels is appropriate.
The Department of Justice will likely “want to go for incarceration” in their prosecution of former President Donald Trump, Kel McClanahan, a national security attorney and law professor at George Washington University, said on Friday following the unsealing of special prosecutor Jack Smith’s stunning 37-felony-count indictment of the former president.
McClanahan said evidence in the indictment was laid out to show “that this is a kingpin who knowingly broke the law, endangered national security, endangered nuclear weapon security, endangered other countries’ national security.”
The counts — including 31 of “willful retention” of documents under the Espionage Act — are serious, experts, including Fox News legal commentator Jonathan Turley and former US attorney and New Jersey Gov. Chris Christie, have said.
If Trump is convicted, some counts hold maximums of 10 years (willful retention) or 20 years (obstruction of justice) for each count, according to Politico.
