Donald Trump’s probation interview: Everything we know

Former President Donald Trump is scheduled to be interviewed by New York probation officials on Monday as part of the procedures following his recent conviction in his criminal hush money case, according to the Associated Press.

Trump, the presumptive Republican nominee for the 2024 presidential election, was found guilty last month on 34 counts of falsifying business records. These charges are connected to hush money paid to adult-film actress Stormy Daniels shortly before the 2016 presidential election. Manhattan District Attorney Alvin Bragg claimed that the payment was intended to prevent Daniels from publicly discussing her alleged affair with Trump in 2006, which he denies happened. The former president has maintained his innocence and argued that the case is politically motivated. His legal team plans to appeal the verdict.

Each count is a class E felony, which under New York state law is punishable by a fine and up to five years in prison. Trump’s sentencing is scheduled for July 11, and it is still uncertain what punishment Judge Juan Merchan, who is overseeing the case, will impose. The former president could face probation, house arrest, or jail time. If sentenced to jail, Trump’s defense team may request that he be released on his own recognizance or allowed to post cash bail to avoid imprisonment while appealing the verdict.

Newsweek reached out via email to Trump’s representatives for comment on Sunday night.

In preparation for his sentencing, Trump will participate in a pre-sentencing interview with New York probation officials via online video conference from his Mar-a-Lago residence in Palm Beach, Florida, according to the AP, which cited three anonymous sources.

The sources, according to the AP, were not authorized to disclose the news publicly and only spoke on the condition of anonymity.

Todd Blanche, one of Trump’s defense lawyers, will be present for the interview, the outlet reported.

Typically, individuals convicted of crimes in New York meet with probation officials without their attorneys. However, Merchan has permitted Blanche’s attendance, according to a letter he issued last week, the AP reported.

Pre-sentencing probation interviews are conducted to prepare a report for the presiding judge. This report provides insights into the defendant’s background to help determine the appropriate punishment, according to the New York State Unified Court System.

The court system explains that a probation officer, or a social worker or psychologist working for the probation department, interviews the defendant and reviews their criminal record. The probation officer may also speak with the crime victim, the arresting officer, and the defendant’s family and friends. The pre-sentence report includes details of the crime, the defendant’s personal history, criminal record, and a victim impact statement. It also provides sentencing recommendations.

“The pre-sentence report is a chance for the defendant’s lawyer to present positive information about the defendant,” the court system notes, adding that this can include participation in counseling programs, employment status, or caregiving responsibilities. The report also allows the crime victim to describe their suffering and losses.

“The pre-sentence interview is an opportunity for the defendant to make a good impression and explain why they deserve a lighter punishment,” according to the New York State Unified Court System.

Booking a former president into jail would come with several logistical questions that have never had to be answered before, namely how the U.S. Secret Service would still provide round-the-clock protection as is required by law. Syracuse University law professor Gregory Germain previously told Newsweek that imprisoning the leading presidential candidate of a major political party would also “create a constitutional crisis, and I would expect emergency motions to stay the sentence pending appeal.”

“I think a prison sentence is unlikely for a first-time nonviolent Class E felony,” Germain added. “Any other defendant would be given probation, and I think it will be very hard for the judge to justify a prison sentence over a records violation.”