Despite reports that Judge Juan Merchan will not impose any jail time on Donald Trump at a sentencing hearing scheduled for Jan. 10, the president-elect will walk away still facing a loss of rights as a convicted felon.
Unless an appellate court steps in and tosses all 34 of Trump's felony convictions for business fraud, he will spend the rest of his life with what the New York Times' Peter Baker called a "brand on his forehead" as a convicted criminal.
Discussing the upcoming sentencing hearing on MSNBC on Saturday morning with host Alex Witt, law professor and former House select committee lead Jan. 6 investigator Tim Heaphy explained that, as a convicted felon, the president-elect will find some of his rights curtailed.
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"Once Donald Trump is sentenced, he officially becomes a convicted felon. What is the legal significance of this?" host Witt asked.
"Tremendous, Alex," he replied. "There's obviously a legal consequence any time someone has a felony conviction: can't possess a firearm, in some states you can't vote unless your rights are restored; lots of lateral consequences of conviction that afflict men and women across the country every day."
"Those are the legal consequences, the reputational consequence of having a felony conviction," he added. "So while it's not a period of incarceration or monetary penalty, there are still collateral consequences just by having the status of being a convicted felon."
"Hang on," the stunned MSNBC host interrupted. "You're saying a president of the United States would not be able to vote. There are certain states in which he could, Mar-a-Lago being his primary residence. I know they tried to restore a felon's ability to vote in the state of Florida. Could Donald Trump potentially not vote down the road?"
"It depends on the state of residence, right?" the attorney explained. "Voting is a state function, Alex, as you know. The rules that govern elections are state laws. I don't know exactly what the law is in Florida, but, yes, in some states a felony conviction precludes participation with many civil rights including the right to vote, the right to possess a firearm, lots of others."
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