Will Donald Trump be sentenced to prison in September? What we know

Legal experts say Donald Trump is unlikely to go to prison in the case of Stormy Daniels, who was charged with abuse of office last month.

Trump's verdict is scheduled to be announced on September 18, less than two months before the presidential election.

Judge Juan Merchan postponed the verdict from July to September so he could consider the impact of the Supreme Court's recent ruling on presidential immunity.

Trump, the likely Republican presidential nominee, was on trial in New York City on 34 counts of falsifying business records for hush money payments to former porn star Stormy Daniels.

On May 30, a jury convicted him on all 34 counts.

Newsweek asked for comment from Trump's lawyer via email on Wednesday.

Greg Germain, a law professor at Syracuse University in New York, told Newsweek that he believes an appeals court would overturn any prison sentence imposed by Merchan.

“If Merchan were to sentence him to prison for this records violation in the middle of the campaign, I think the courts would do whatever was necessary to prevent that from happening. We would be in uncharted waters,” he said. “But I don't think Merchan is going to sentence him to prison. I think there were serious problems with the case and it should be overturned on appeal in an appropriate manner without disrupting the election cycle.”

Former federal prosecutor Neama Rahmani told Newsweek there is a strong likelihood that Trump will be convicted after the election.

“The delay in sentencing could push Trump's sentencing until after the November election, depending on whether Merchan grants another adjournment to consider post-trial motions or whether the New York appeals courts grant a stay,” he said.

He added that regardless of when the verdict is announced, he does not expect Trump to face a prison sentence.

“I think Trump will receive a lenient sentence, such as a fine or probation, regardless of when he is convicted.”

Law professor and former Bush administration official John Yoo said he believes Trump could be sentenced to prison.

Woo appeared on Fox News' “America's Newsroom” on August 14.

Yoo, a law professor at the University of California, Berkeley, said Merchan had already moved the date for the verdict closer to the start of mail-in voting.

“He could have used his discretion here and moved the date of the verdict. Instead, however, he moved it closer to the start of mail-in voting in my home state of Pennsylvania.”

“Can you imagine what would happen if Judge Merchan sentenced Donald Trump to prison even though he is a first-time, non-violent offender?” Yoo asked.

“What if Judge Merchan got even crazier and said, 'Donald Trump can't even stay out of jail while his case is on appeal?' He has the power to actually order Donald Trump to go to jail immediately, although I suspect he wouldn't do that.

“But this judge has used his discretion each time to try to impose a political direction on this process that will impact the election.”

Yoo was a speaker at the 2024 National Conservatism Conference in Washington, DC, and he is the author of Defender in Chief: Trump's fight for presidential power.