Worst possible outcome for Trump: Why Trump's sentencing delay may make 'confinement' more likely

RADICAL LEFT OPPONENTS. FOR PURPOSES OF ELECTION INTERFERENCE THAT'S ALL THAT WAS. >> JOINING ME NOW DAs OFFICE AN KRISTIN LEEBURG. IT'S GOOD TO SEE YOU GUYS, IT'S BEEN FAR TOO LONG. I WORRY IT'S GOING TO BE A LONG TIME AGAIN. DUNCAN, CAN YOU TAKE ME INSIDE THE MIND OF MARCHAN TO THE DEGREE THAT YOU CAN. EXPLAIN TO THOSE OF US WHO DON'T UNDERSTAND THE BACK AND FORTH. WHAT IS SENTENCING IS. AND WHY DOES JUDGE MARCHAND THINK THAT IT WILL AFFECT THE PRESIDENTIAL NOMINATIONS. >> IT'S THE PROSECUTION TO MAKE ORAL ARGUMENTS FOR THE DEFENSE. YOU GET TO TALK. BECAUSE THROUGHOUT THIS WHOLE TRIAL HE HAD THE RIGHT TO TESTIFY BUT HE DIDN'T. THIS IS HIS MOMENT TO TALK AND HE GETS TO MAKE A STATEMENT TO THE COURT AND EXPRESS REMORSE OR NOT. AND I DON'T THINK HE WILL. BUT HE'S ALLOWED TO TALK TO THE COURT. >> SOMETHING TELLS YOU. >> SOMETHING TELLS ME. HE'S ALLOWED TO TALK AND THEN THE JUDGE IS GOING TO PRONOUNCE SENTENCE ORALY AND IT'S BEING DONE VERY FORMALLY. SOMETIMES IN STATE COURT IT'S NOT. THERE ARE A LOT OF SWIRLING THINGS HERE GOING ON FOR JUDGE MARCHAND. I THINK A LOT OF PEOPLE HAVE BEEN SAYING THIS IS A HUGE WIN FOR TRUMP BUT I THINK IT'S ANYTHING BUT. IT LOOKS LIKE THE USE IS TIGHTENING IN A WAY BECAUSE, IF HE LOSES THE ELECTION THIS MAKES IT FAR MORE LIKELY THAT HE'S GOING TO GET SOME KIND OF SENTENCE WITH CONFINEMENT. I KNOW I'VE BEEN TALKING TO YOU. >> YES YOU HAVE. >> FOR THE WHOLE SUMMER SORT OF OFF STAGE ABOUT THE FACT THAT I THINK THAT'S GOING TO HAPPEN. BUT I THINK THIS MAKES IT MUCH MORE LIKELY BECAUSE, JUDGE MARCHAND IS IN A VERY DIFFICULT POSITION TO PUT HIM EVEN IN HOUSE ARREST DURING THE FINAL STAGES OF THE ELECTION. ONCE THE ELECTION IS OVER IF HE LOSES, IF HE WINS THE ELECTION ALL BETS ARE OFF. IF HE LOSES THE ELECTION I THINK IT MAKES IT MUCH MORE LIKELY TO DO THAT. THERE'S ALSO OTHER APPELLATE ISSUES GOING ON RIGHT NOW. MR. TRUMP HAS A 330 10 MOTION. A MOTION TO SET ASIDE THE VERDICT. THERE'S AN APPELLATE ISSUE. THERE'S SOMETHING SEVERE ENOUGH THAT HE DOESN'T WANT TO SHOW THE SENTENCE. >> IT'S HARD TO TELL AND NOBODY KNOWS. BUT I'M WILLING TO, I'M NOT WILLING TO PUT MONEY ON IT BUT I'M. >> YOU'RE SAYING IT ON NATIONAL TELEVISION. >> I'M GOING WITH THE ODDS THAT ARE GOING WAY UP. BECAUSE ONCE THE ELECTION IS OVER. IT MAKES IT MUCH EASIER FOR THE JUDGE TO DO IT. I THINK THAT THIS IS THE CASE THAT. >> ASSUMING THAT TRUMP HASN'T WON THE ELECTION. >> ASSUMING TRUMP HASN'T WON THE ELECTION. I THINK IT ALL VERY LIKELY GOES UP TO THE SUPREME COURT AND COULD GET STAYED. IF HE LOSES THE ELECTION. THE PROSECUTION IS GOING TO BE ASKING FOR SOME KIND OF INCARCERATION, HOME CONFINEMENT, SOME SPLIT SENTENCE WITH PROBATION. I'M GOING TO BE VERY SURPRISED IF THEY DON'T. AND THIS JUST MAKES IT WAY EASIER FOR THE JUDGE TO, ENCLOSE THAT KIND OF A SENTENCE ON HIM. IF IT'S TAKING PLACE AFTER THE ELECTION. >> CHRISTIE, THE DAs OFFICE DIDN'T LIKE FIGHT TO MAKE A CASE THAT THIS HEARING SHOULD NOT BE POSTPONED. AND JUDGE MARCHAND SORT OF CALLED THEM OUT ABOUT THAT. CAN YOU TALK A LITTLE BIT ABOUT THE RELATIONSHIP BETWEEN THE PROSECUTION AND THE JUDGE AND HOW THIS DECISION WAS MADE. >> YEAH, SO, I MEAN, GENERALLY SPEAKING. A JUDGE IS NOT GOING TO KEEP A SENTENCING DATE THAT BOTH SIDES SAY THEY WANT MOVED. AND SO TRUMP SAYS, WAS PUT ON A MISSION WE TAKE NO POSITION THAT IT'S YOUR CASE AS A PROSECUTOR. YOU TAKE POSITIONS ON THESE KIND OF THINGS. THEY SAY WE TAKE THEIR POSITION BUT THEN THEY BASICALLY SAY IT'S ABOUT TRUMP'S REASONS HERE ABOUT WHY THEY WANT IT DELAYED. YES THAT MAKES SENSE. DIDN'T ELABORATE ON THE REASONS. YOU'RE REALLY JOINING TRUMP'S DELAY REQUEST. >> IT'S BASICALLY COSIGN. >> YOU'RE COSIGNING THIS AND THEREFOR WITH BOTH OF YOU ON THAT SIDE, MADE HIS JOB A LOT HARDER. THEY FORCED HIS HAND HERE. I'M NOT NECESSARILY SURPRISED HE MADE THIS DECISION. I DON'T NECESSARILY AGREE. I'M MORE IN THE JUDGE CAMP OF THE ELECTION SHOULD NOT MATTER. YOUR CASE SCHEDULE IS YOUR CASE SCHEDULE. BUT AGAIN, I THINK IF THE MANHATTAN DAs OFFICE HAD OPPOSED THIS DELAY REQUEST FROM TRUMP. I THINK MARCHAND WOULD HAVE KEPT IT. JUDGE MARCHAND KNEW ABOUT THE ELECTION DATE. HE KNOWS THEY MADE THIS MOTION. AND EVEN AFTER TRUMP MADE THAT MOTION TO SET ASIDE THE VERDICT BASED ON IMMUNITY. HE KEPT THE SCHEDULE FOR SEPTEMBER AND TOLD THE PARTIES, YOU BETTER BE READY. IT'S SO HIGH STAKES FOR EVERYONE INVOLVED. AND JUST FOR THIS CASE BUT AMERICAN HISTORY. YOU'RE GETTING DEATH THREATS AND YOUR DAUGHTER IS GETTING DEATH THREATS. YOU MUST ASSUME YOU NEED THE DAs OFFICE TO BACK YOU UP IN TERMS OF EXPEDITING THIS. >> I THINK HE MADE IT CLEAR WITH THE TONE OF HIS DECISION. HE WAS UPSET THAT THE D.A. HAS PUT ALL OF THIS. THEY'VE BEEN GETTING THESE DEATH THREATS. THEY'RE SCARED. THIS MUST BE TAKING AN EFFECT ON THIS. DON'T IMPOSE THE JAIL TIME UNTIL AFTER THE ELECTION. THAT'S FINE WITH US BUT GO AHEAD WITH THE SENTENCING. THAT'S ON THEM. THEY'RE BASICALLY DUMPING IT ON THE JUDGE AND PUTTING IT ALL ON HIM AND THAT'S REALLY NOT FAIR TO THEM. >> NOT THE DISCREPANCY JUST COMPLETELY OPPOSITE INTERPRETATIONS AT LEAST PUBLICLY ABOUT HOW MUCH POLITICS SHOULD FACTOR INTO THE DECISION'S COURT. CHUCK SAID WHAT ELECTION. THIS COURT DOES NOT SEE POLITICS. AND NAMING THE ELECTION AS A FACTOR IN DELAYING THIS SENTENCING HEARING. >> YEAH, LOOK, I THINK JUDGE MARCHAND IS SAYING THE QUIET PART OUTLOUD. I THINK, I THINK YOU SEE OFTEN THAT PROSECUTORS WHETHER THEY SEE OR NOT AT ANY STAGE. WHETHER CHOOSING TO GET INVESTIGATIVE DECISIONS. WHETHER THEY'RE CHOOSING TO CHARGE CERTAIN INDIVIDUALS. EVEN AT SENTENCING. POLITICS ARE OUT THERE. HOW MUCH DO YOU REALLY LET THAT AFFECT YOUR DECISION MAKING. JUDGE CHUCK AGAIN SAID IS CORRECT IN SAYING IT REALLY SHOULDN'T HAVE AN IMPACT. A CASE IS A CASE. YOU ARE A DEFENDANT. YOUR NOT, YOUR CANDIDACY IS YOUR DAY JOB. I THINK THAT'S THE WAY THEY PUT IT. JUDGE MARCHAND RECOGNIZING HERE THAT I AGREE WITH DUNCAN. I THINK THE MANHATTAN OFFICE WILL SEEK A JAIL SENTENCE. I THINK THAT IS APPROPRIATE UNDER THE EFFECTS. MICHAEL COHEN WENT TO JAIL FOR THREE YEARS FOR THE SAME THING. SO, I THINK THEY'LL SEEK IT. I THINK THE JUDGE IS LIKELY TO IMPOSE IT. AND THEN, YOU KNOW GIVEN THE GRAVITY OF THAT. >> THEY KNOW THEY CAN'T DO THAT BEFORE THE ELECTION. >> DO YOU REALLY THINK 41 DAYS BEFORE IS LESS. NOW IT'S 41 DAYS BEFORE THE ELECTION YOU IMPOSE THAT SENTENCE AND REALLY LOOK LIKE YOU'RE TIPPING THE SCALES. YOU'RE GOING TO HAVE BOTH SIDES EITHER WAY BLAMING THE JUDGE AND PROSECUTORS. THE LEFT IS GOING TO. >> LET'S BE CLEAR THOUGH. THE LEFT IS NOT THREATENING THE LIVES INVOLVED IN THESE CASES. ONE CAN IMAGINE THOSE CALLS THE DEATH THREAT WOULD INCREASE IF JUDGE MARCHAND WOULD DELIVER A SENTENCE FOR TRUMP THREE WEEKS AFTER THE ELECTION. >> IF TRUMP WERE TO WIN, I COULD SEE PLENTY OF PEOPLE SECOND GUESSING. WELL YOU ALLOWED HIM TO BE A MARTYR. I CAN SEE THAT HAPPENING. BOTH SIDES TO BLAME, ONE IS SCARED AND ONE IS NOT. DO THEY REALLY WANT TO DEAL WITH THAT. I THINK THAT WAS JUST A FACTOR LIKELY IN THE MANHATTAN D .A.'S'S OFFICE DECISION TO GO ALONG WITH A REQUEST. >> DUNCAN YOU MENTIONED THERE'S OTHER OUTSTANDING BUSINESS. THE TIMING OF ALL THIS IS REALLY DIFFERENT. I MYSELF GOT CONFUSED BY THIS. THE SENTENCING HEARING, HAS BEEN DELAYED TILL NOVEMBER 26th. TRUMPS LAWYERS HAVE BEEN TRYING TO THROW OUT THE DECISION ENTIRELY BASED ON THE IMMUNITY DECISION FROM THE SUPREME COURT. RIGHT. THEY'RE SAYING, FORGET THIS CONVICTION. THE GUY HAS, THIS CONVICTION WAS BASED ON EVIDENCE THAT WOULD HAVE BEEN INADMISSIBLE BASED ON THE SUPREME COURT'S RULING. RIGHT. AND MARCHAND TODAY SAID, WE'RE GOING TO DELAY THAT, THE RESOLUTION OF THAT BUSINESS UNTIL NOVEMBER 12th. IS THAT RIGHT. >> YEAH, I MEAN THIS IS PART OF THE RATIONAL FOR KICKING THE SENTENCING OUT. MR. TRUMP'S FILE IS CALLED A 330-SO MOTION WHICH IS TO SET A JURY. THE JURY HEARD OFFICIAL ACTS EVIDENCE THAT THEY SHOULDN'T HAVE HEARD. THE SUPREME COURT SAID, NO THEY CAN'T CONVICT BASED ON THAT. JUDGE MARCHAND HAS TO DECIDE WAS THAT CALLED HARMLESS ERROR OR NOT. THE CONVICTION STANDS. IF HE SAYS NO, THIS ACTUALLY MADE A SIGNIFICANT DIFFERENCE. FOR THAT INFORMATION, HE WOULDN'T HAVE BEEN CONVICTED THAT'S A PROBLEM AND IT COULD BE A BASIS TO SET ASIDE THE JURY VERDICT. AND MR. TRUMP'S LAWYERS WERE SAYING. YOU'RE SUPPOSED TO HAND DOWN THE DECISION ON THAT ON SEPTEMBER 16th. TWO DAYS BEFORE THE SENTENCING, WE WOULDN'T EVEN HAVE TIME TO APPEAL THAT FOR THE SENTENCE. THIS IS POLITICS ALSO IN THE COURTROOM. IN ANY OTHER CASE THE JUDGE WOULD SAY, YOU KNOW WHAT I DON'T CARE I'M GOING TO STILL SENTENCE IT AND APPEAL IT AFTER THE SENTENCE. THERE'S POLITICS IN BOTH OF THESE COURTROOMS GOING ON RIGHT NOW. BUT, I THINK THAT'S PART OF THE REASON, HE WANTS TO GET A LITTLE MORE AIR BETWEEN THE DECISION ON THIS MOTION TO SET ASIDE THE JURY VERDICT. AND THE SENTENCING TO GIVE A LITTLE ROOM TO MR. TRUMP'S LAWYERS TO APPEAL IT. SO THEY COULDN'T COMPLAIN. >> WELL, RIGHT. IN ONE HAND IT'S A WIN TO MAKE THEIR CASE AND PREPARE IT. ON THE OTHER HAND, POLITICALLY, TRUMP IS STILL CONVICTED OF THESE CRIMES THROUGH THE ELECTION. RIGHT. HE DOESN'T GET TO SAY THEY OVERTURNED THE CASE BECAUSE THE EVIDENCE WAS EFFECTIVELY SHOULD NEVER HAVE BEEN ADMITTED. HE'S STILL A GUY WHO'S BEEN CONVICTED OF 34 FELONY COUNTS UP UNTIL ELECTION DAY. >> RIGHT AND I THINK THAT THAT IS, TO THE YOU KNOW FAVOR OF I'M SURE, I CAN SEE A WORLD WHERE A CAMPAIGN IS HAPPY WITHOUT THIS DEVELOPMENT THAT THEY DON'T HAVE TO DEAL WITH THE SENTENCING. AGAIN HE DOESN'T GET TO SAY, THIS IS ME BEING A VICTIM. I'M BEING POLITICALLY PERSECUTED. THEY CAN JUST FOCUS ON THE CAMPAIGN AND POLITICAL EVENTINGS GOING FORWARD. >> THIS IS JUST AN EXTRAORDINARY MOMENT IN YOU KNOW, I MEAN THIS IS REALLY TRULY DUNCAN AND TARA INCOGNITY. MY HEART GOES OUT TO, ALL THE PEOPLE THAT ARE FORCED IN SUCH DIFFICULT HIGH STAKES LIFE THREATENING POSITIONS THAT HAVE TO MAKE. DECISIONS NOT JUST FOR THEMSELVES BUT FOR AMERICAN JURIS PRUDENCE. >> THIS IS HAS GOT TO