Donald Trump has a lot of charges piling up and could spend many years in jail – and even die in prison.
However, while disputed, some experts are now arguing that there’s a legal possibility Donald Trump could be executed as part of his latest indictment.
Donald Trump Has Problems
Special Counsel Jack Smith formerly announced the indictment – Trump’s third of the year – in relation to the events in Washington D.C. on January 6, 2021.
The former president has been charged on one count of conspiracy to defraud the U.S., one count of conspiracy to obstruct an official proceeding, one count of obstruction and attempt to obstruct an official proceeding, and one count of conspiracy against rights.
A conviction on all four charges leading to the maximum non-lethal sentence would see Trump imprisoned for 55 years.
In such a scenario, Trump would be in his 130s by the time he was released. For those wondering, the oldest verified person in recorded history, Jeanne Calment, lived for 122 years before her death in 1997.
Conspiracy Against Rights
Of the four charges, the one which could, hypothetically, lead to Trump receiving the death penalty is the count of conspiracy against rights.
Under U.S. law, an individual found guilty on this charge could be imprisoned for up to ten years.
However, there is a caveat included for the death penalty if a fatality results of the defendant’s actions.
“If death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.”
One rioter, Ashli Babbitt, was shot and killed by a law enforcement officer during the events at the Capitol.
Democrats have also blamed Trump for deaths in the aftermath of January 6, while even some of Trump’s Republican opponents have tried to blame him for rioters’ alleged efforts to kidnap former vice president Mike Pence and then-House Speaker Nancy Pelosi.
The maximum non-lethal sentence Trump could receive on this charge stands at ten years.
The AP looked at his possibility and claimed the death penalty for Trump is not possible. They stated that:
“Trump’s possible sentence if convicted does not include the death penalty, the Justice Department and a legal expert confirmed. One of the four charges — conspiracy against rights — can be eligible for the death penalty, but only if the violation results in death or other aggravating factors. As the indictment does not hold Trump responsible for any deaths, the former president is not facing capital punishment.”
What About the Other Charges?
The remaining charges carry a maximum of 45 years in prison should Trump be found guilty on these counts.
Conspiracy to defraud the United States comes with a maximum of five years, although that charge can be less if it is deemed a misdemeanor.
The remaining two – conspiracy to obstruct an official proceeding, and obstruction and attempt to obstruct an official proceeding – carry maximum sentences of 20 years each.
Special Counsel Smith is also bringing separate charges against Trump in a Miami federal court relating to classified documents at his residency in Mar-a-Lago.
The combination of 40 charges in that case contain a maximum sentence of 460 years.
If found guilty on all charges across both cases and given the maximum non-lethal penalty in each one, Trump would be sentenced to a total of 515 years in prison.
Shay Bottomley is a British journalist based in Canada. He has written for the Western Standard, Maidenhead Advertiser, Slough Express, Windsor Express, Berkshire Live and Southend Echo, and has covered notable events including the Queen’s Platinum Jubilee.
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