Legal Pundits Warn of ‘October Surprise’ for Trump—in September

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    Fulton County Sheriff’s Office via AP

    Fox News pundit and former Assistant United States Attorney Andrew McCarthy and former official at the DOJ under George W. Bush John Yoo are both sounding the alarm on an issue that’s fallen on the backburner with all the other news out there.

    What they’re talking about could very well turn the presidential election on its head and take us into new territory—namely that Judge Juan Merchan will impose a jail sentence on Trump following the former president’s guilty verdicts on 34 counts of business fraud.

    Sentencing is scheduled for September 18, assuming of course that Merchan rejects Trump’s effort to have the charges thrown out. The former president’s lawyers argue that they should be dismissed because of the recent Supreme Court presidential immunity ruling, which said that former commander-in-chiefs couldn’t be charged for acts they committed in an “official” capacity.

    McCarthy noted that Merchan has proven time and again that he’s biased and wants to “get” Trump.  The judge has repeatedly denied the GOP nominee’s requests that he recuse himself because his daughter has worked for prominent Democrats as a consultant. 

    McCarthy opined in an op-ed Wednesday that he thinks Merchan’s going to order time behind bars, even though the former president wouldn’t necessarily be immediately thrown in the slammer:


    Related: Hell No, He Won’t Go: Judge Merchan Again Declines to Recuse in Trump Manhattan Case

    After Bombshell SCOTUS Ruling on Immunity, Trump Moves to Have Manhattan Convictions Tossed

    DERSHOWITZ ON FIRE: Legal Scholar Attends Trump Trial, Demolishes Judge Merchan’s Prejudicial Conduct


    Yoo, meanwhile, expressed concern that Merchan could actually order Trump to jail “immediately”:

    Watch:

    Yoo noted that Merchan has shown bias every step of the way in Manhattan District Attorney Alvin Bragg’s prosecution of the former president for dubious and legally unprecedented charges.

    There are some who have a “make my day” mentality about a possible jail sentence, noting that it might guarantee the election for Trump because voters will be so outraged. “If they jail him, he wins,” said one Twitter post. We won’t know if that’s true until if and when it happens, but we do know that Trump’s popularity grew after each indictment came down in the various Democrat lawfare campaigns against him.

    If he does get tossed into a jail cell, however, we will really be sailing in uncharted waters.

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