Speculation is growing about the possibility of former President Donald Trump serving jail time following his conviction on 34 counts in his hush money trial last week. With sentencing set for June 11th, Trump’s lawyers have a limited timeframe to leverage the appeals process to potentially avoid imprisonment, according to an expert who spoke to podcast host Megyn Kelly.

“It’s very unique in New York,” said attorney Arthur Aidala. “Let’s say his sentence is up to three days in jail. Three months, whatever. Immediately you say to Merchan, ‘Your Honor, can my client be held in the back… and allow me the opportunity to go to the appellate division. This is the one opportunity and only time in the court process in the State of New York when you get to pick your judge.

“So of the twenty-some-odd judges of the appellate division, you already have a judge lined up, and you say, ‘Judge, my client’s being sentenced at 11:00. I would like to have a tentative appointment with you at 1:00 p.m., can we come over and see you if there’s a period of incarceration?’ The judge says yes. You run over there with the prosecutor with some paperwork. You have to show the judge at the appellate division your likelihood of success at the appellate level,” Aidala continued.

Aidala, the former president of the Brooklyn Bar Association, stated that exaggerated claims about the historic nature of incarcerating a former president will not be effective. Instead, defense attorneys must focus on persuading an appellate judge to take into account the “unique circumstances” surrounding Trump’s sentencing.

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“You have to say ‘Judge, you can’t let this guy go to jail for three minutes, let alone three days, because by the time his appeal gets perfected, there’s no redress. He can’t get those three days back,” the attorney said. “And more likely than not, under those circumstances, because you get to pick the judge who’s going to be a reasonable judge, the judge will stay the prison time until the appeal is over, so this jail time thing will get put on the side until the appeal is totally perfected.

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“If he loses the appeal at both the appellate division and the Court of Appeals, if they allow him to go up there, then he would have to do his three days in jail,” he said.


On Sunday, President Trump encouraged the Supreme Court to take up his conviction, posting on Truth Social that political interference played a role in Bragg’s prosecution.

“The ‘Sentencing’ for not having done anything wrong will be, conveniently for the Fascists, 4 days before the Republican National Convention. A Radical Left Soros backed D.A., who ran on a platform of ‘I will get Trump,’ reporting to an “Acting” Local Judge, appointed by the Democrats, who is HIGHLY CONFLICTED, will make a decision which will determine the future of our Nation? The United States Supreme Court MUST DECIDE!,” he wrote in the post.

Disclaimer: This article may contain commentary which reflects the author’s opinion.