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  • Also in our law and justice league today, Donald Trump attended his pre-sentencing interview virtually today with a probation officer after that Manhattan jury found him guilty of 34 felony charges last month related to that cover-up of a hush money payment to adult film actress and director Stormy Daniels.

    此外,在我們今天的法律和司法聯盟中,唐納德-特朗普(Donald Trump)在曼哈頓陪審團上個月裁定他犯有34項重罪指控,涉及向成人電影女演員兼導演斯托米-丹尼爾斯(Stormy Daniels)支付封口費的掩蓋事實。

  • CNN's John Miller joins us now.

    CNN記者約翰-米勒(John Miller)現在加入我們的報道。

  • John, what's the purpose of today's interview?


  • What did the probation officer likely ask the 45th president?

    緩刑監督官可能會問第 45 任總統什麼?

  • So the purpose of today's interview is for them to prepare a PSR or a pre-sentence report for the judge.

    所以今天面談的目的是讓他們為法官准備一份 PSR 或判刑前報告。

  • This is basically where the probation department, which could in today's meeting have included the commissioner, a couple of senior members, maybe a social worker, but it's where the probation department meets with someone who's going to come for sentencing and they ask questions about family background, financial status, living situation, a lot of basic questions which coming from Donald Trump would have not the usual answers they get from their common defendant.


  • But what they do is they write up their report and they submit it to the judge basically saying, is this person a good candidate for what they call community corrections, which means being supervised on the outside rather than in jail or in prison.


  • Will Trump's interview or was Trump's interview likely different from the average probation client do you think?


  • Well, yes.


  • Our understanding is that the interview was scheduled for around 3.30 this afternoon.

    據我們瞭解,面談安排在今天下午 3 點半左右。

  • It can usually take an hour or two, so that interview may still be going on as we speak.


  • But the average client, they're looking to ask about family history.


  • His family history isn't the average family history, education, criminal background.


  • So he doesn't have a criminal background except he will have to explain to them that he has three open felony cases pending in other jurisdictions, two special counsel, one in Georgia, what's his employment history, he's always worked for his dad or himself, substance abuse issues, medical conditions, financial status, I'm a billionaire, where do you live, in a big tower with my name and gold letters on it, in a triplex penthouse.


  • So it'll be unusual.


  • That said, this is the Manhattan DA's office, it's the New York City Department of Probation.


  • This will not be the first white-collar defendant they've brought in who's a millionaire, but it is unusual because it will be the first person they've ever brought in who was a former president of the United States and running to get that job again.


  • Right.

  • He worked for his dad, he worked for himself, and he worked for the American people for four years also, John Miller.


  • That's right.


  • Thanks so much, appreciate it.


  • Let's bring back CNN's Eli Honig.


  • How does this pre-sentencing report weigh into the judge's sentencing decision?


  • So ordinarily, PSR's pre-sentencing reports can be influential.

    是以,通常 PSR 的判決前報告是有影響力的。

  • Judges want to know a bit more about the person, but in this case, what's not known about Donald Trump, and I doubt Judge Mershawn is going to be much persuaded by this, I mean, this is a decision that he and he alone will make and he has to live with.

    法官希望對當事人有更多的瞭解,但在這種情況下,唐納德-特朗普(Donald Trump)的情況並不為人所知,我懷疑法官默沙東(Mershawn)會是以被說服,我的意思是,這是他一個人的決定,他必須接受。

  • He knows that this will be his mark in the historical record books.


  • I don't think he's going to give all that much credence to whatever probation recommends.


  • I think it's going to be on him.


  • When it comes to sentencing, what do you think the defense is going to recommend?


  • What do you think the prosecution is going to recommend?


  • So the defense is certainly going to ask for a non-custodial sentence.


  • They're going to ask for some combination of probation or a fine or maybe community service.


  • A healthy majority of people convicted of this exact crime do get non-incarceratory sentences in New York, somewhere between 70 and 90 percent.

    在紐約,絕大多數被判犯有此類罪行的人都不會被判處監禁,比例大約在 70% 到 90% 之間。

  • I also think the prosecution is going to ask for imprisonment, and I think, first of all, because there are aggravating factors here that make this worse in the prosecution's opinion, your typical falsification of records.


  • He broke the gag order 10 times.

    他違反了 10 次禁言令。

  • Breaking the gag order, his open contempt for the judge in the process, the fact that the conduct impacted an election.


  • I also think it's hard for the DA, as just a practical and political matter, to bring this case, get the convictions, and then say, we're fine with probation.


  • So I expect guessing, but I expect Alvin Bragg to ask for some sort of prison sentence.


  • You know, it's possible that we didn't discuss this enough because the amount was so minuscule, $35 for 15 designated to the Trump campaign, against the Trump campaign, for the Biden campaign.


  • But it is inherently unusual and very frowned upon for a judge to have given political donations and then not to have recused himself.


  • Again, the amount was small, but still, is that not grounds for an appeal in and of itself?


  • The judge, Mershawn, gave $35 to whatever was Act Blue or whatever, and $15 of that went to the Biden campaign, which is very much against the defendant.

    法官默肖恩給了 "藍色法案 "什麼的 35 美元,其中 15 美元給了拜登競選團隊,而拜登競選團隊對被告非常不利。

  • Judge Mershawn did get himself what we would technically call a CYA memo.

    默肖恩法官確實給自己弄到了一份我們嚴格意義上稱之為 "CYA "的備忘錄。

  • He went to the ethics board and gave them the facts, and they said, you can stay on.


  • But in my view, he absolutely should have recused himself.


  • He should have removed himself.


  • I mean, it's minuscule amount, but judges are not supposed to give any amount.


  • He violated the rules by giving $2, forget about $35, and I would just pose the converse.

    他給了 2 美元就違反了規定,35 美元就更不用說了,而我只會擺出相反的姿勢。

  • What if the judge had donated a tiny amount, $35, to Trump 2020?

    如果這位法官只向 "特朗普 2020 "捐了區區 35 美元呢?

  • And then was the judge.


  • Exactly.


  • Right.

  • Would people be fine with that?


  • I think people would be going nuts about that.


  • But is it grounds for...


  • I don't know that it quite rises to the level of reversal, because he got this opinion from the ethics board saying, you're okay to stay on if you want.


  • Not you have to stay on, but you can stay on.


  • But keep in mind, there's 40-something other judges in that courthouse who never donated, and it would have been safer.

    但請記住,該法院還有 40 多名法官從未捐過款,這樣會更安全。

  • Why would the...


  • I mean, what was the ethics board thinking?


  • I mean, it seems like, why are they giving him this allowance to give money?


  • The ethics board's opinion is mishmash.


  • It is a two-or-so-page opinion that's very conclusory.


  • They basically say, well, it was a small enough amount, and it was more than two years ago, to which I would say, who cares?


  • Why does that matter?


Also in our law and justice league today, Donald Trump attended his pre-sentencing interview virtually today with a probation officer after that Manhattan jury found him guilty of 34 felony charges last month related to that cover-up of a hush money payment to adult film actress and director Stormy Daniels.

此外,在我們今天的法律和司法聯盟中,唐納德-特朗普(Donald Trump)在曼哈頓陪審團上個月裁定他犯有34項重罪指控,涉及向成人電影女演員兼導演斯托米-丹尼爾斯(Stormy Daniels)支付封口費的掩蓋事實。

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