Wednesday, June 12, 2024

Trump accused of demanding special treatment for his New York probation interview


Kelly Rissman
THE INDEPENDENT 
Tue, June 11, 2024

Questions are being asked over whether Donald Trump received preferential treatment during his pretrial probation interview.

Trump attended an interview with his New York probation officer on Monday after being found guilty last month of 34 federal counts of falsifying business records to cover up hush money payments to women he allegedly had affairs with.

The probation officer will prepare a sentencing recommendation for the judge ahead of Trump’s sentencing, scheduled for July 11.


Although this step is required and routine, how Trump went about it was not. He called in virtually, reportedly from his Mar-a-Lago estate in Florida and had his attorney, Todd Blanche, join him on the call.

The interview was “less than a half-hour of routine and uneventful questions and answers,” a source told the Associated Press. Trump reportedly answered questions about his personal history and current physical and mental health.

Blanche had written a letter to trial Judge Juan Merchan requesting to be present during the interview. In response, Judge Merchan ordered on June 7 that Blanche was permitted to attend the interview, an atypical move. But Manhattan prosecutors didn’t object to it.

A coalition of public defense organizations criticized a system that allowed the former president preferential treatment over other convicted felons.

“All people convicted of crimes should be allowed counsel in their probation interview, not just billionaires,” wrote The Legal Aid Society, The Bronx Defenders, and Neighborhood Defender Service of Harlem in a joint statement on Monday.

“Pre-sentencing interviews with probation officers influence sentencing, and public defenders are deprived of joining their clients for these meetings.”

The groups called on the Department of Probation “to ensure that all New Yorkers, regardless of income, status, or class, receive the same pre-sentencing opportunities.”

The Independent has contacted the probation department for comment.

However a spokesperson for New York mayor Eric Adams told Business Insider that “no exceptions are being made because it’s President Trump.”

But others said that Trump’s treatment was different to what other felons received.

Former department of corrections and probation commissioner Martin Horn told NBC News that allowing the call to be conducted virtually was “highly unusual”. However he also noted that an in-person sit-down interview with Trump would likely be “very disruptive,” due to the Secret Service and press in tow.

Legal Aid attorney Sam Roberts told Business Insider that he had “never been present at a probation interview” with any of his 3,000 clients.

Defense lawyers say Trump got special treatment from NYC probation and are crying foul

Laura Italiano
Updated Tue, June 11, 2024


Donald Trump was allowed to do his NYC presentencing interview virtually, with his lawyer present.

A mayoral rep called the arrangement common, but critics said it showed a "two-tiered" justice system.

Lawyers said low-income defendants are made to do similar interviews in person and without a lawyer.


Donald Trump was allowed to do his presentencing interview on Monday via video and with his lawyer at his side — and New York City defense attorneys with clients who are neither billionaires nor former presidents are crying foul.

Defendants who aren't in jail while awaiting sentencing are told to attend in person — and alone — when they sit for an interview with the city Department of Probation, multiple city defense attorneys told Business Insider.

Trump's 30-minute interview was conducted virtually, not in person, from Mar-a-Lago, and he had his attorney Todd Blanche at his side, the Associated Press reported.

In New York, probation officers talk to the defendant and the prosecutor in separate presentencing interviews in preparation for what's known as a presentencing report.

These reports are important because they recommend to the judge what punishment would be appropriate.

Trump is due to be sentenced on July 11 for last month's conviction in Manhattan on 34 counts of falsifying business records in his so-called hush-money case.

"All people convicted of crimes should be allowed counsel in their probation interview, not just billionaires," four New York City public-defender organizations said in a joint statement Monday.

"This is just another example of our two-tiered system of justice," said the statement, issued by The Legal Aid Society, The Bronx Defenders, New York County Defender Services, and Neighborhood Defender Service of Harlem.

A city spokeswoman told BI that Trump wasn't getting preferential treatment by being allowed to do his interview via video and with his lawyer.

"It's common — it's not unusual, and it's been an option from even before COVID," Ivette Dávila-Richards, a deputy press secretary for the mayor's office, said of Trump's virtual interview. "No exceptions are being made because it's President Trump," she added.

It's true that defendants who are locked up while awaiting sentencing typically do presentencing interviews via video, defense lawyers told BI.

But defendants such as Trump, who are at liberty, are almost always required to appear alone and in person for their probation interviews, the lawyers said.

They also complained that Trump was able to have Blanche at his side only through the most uncommon of circumstances.

The trial judge, New York Supreme Court Justice Juan Merchan, ordered probation on Friday to allow Blanche to attend Trump's interview after prosecutors didn't fight the request, court filings show.

"I've never been present at a probation interview," Sam Roberts, a veteran Legal Aid attorney, said. He estimated he'd had well over 3,000 clients do these interviews.

"In fairness, at least when clients are detained pending sentence, it will be a procedural nightmare to permit attorneys to attend," said Thomas Eddy, an attorney from Rochester, New York, who's fighting the no-counsel rule on the appellate level.

He shared with BI emails from last year in which probation and court officials said it was policy for defendants to be interviewed without their lawyers unless there was an exceptional need for counsel to be present.

"Defendants are prejudiced daily by damaging statements they make without counsel present," Eddy said.

A negative probation report could hurt an inmate seeking a lower security level, work release, and parole, he said.

"How much trouble do you think Trump would get into today if Blanche wasn't there to muzzle him?" Eddy asked.


Donald Trump completes mandatory presentencing interview after less than 30 minutes of questioning

MICHELLE L. PRICE and MICHAEL R. SISAK
Updated Mon, June 10, 2024 

Former President Donald Trump speaks during a news conference at Trump Tower, Friday, May 31, 2024, in New York. A day after a New York jury found Donald Trump guilty of 34 felony charges, the presumptive Republican presidential nominee addressed the conviction and likely attempt to cast his campaign in a new light. (AP Photo/Julia Nikhinson)


NEW YORK (AP) — Donald Trump completed his mandatory presentencing interview Monday after less than 30 minutes of routine, uneventful questions and answers, a person familiar with the matter told The Associated Press. The person was not authorized to speak publicly and did so on condition of anonymity.

The former president was quizzed by a New York City probation officer for a report, required by law, that trial judge Juan M. Merchan can use to help determine Trump's punishment when he is sentenced July 11 in his hush money criminal case.

Monday's interview was conducted privately by video conferencing. Under state law, the resulting report — which may also include information about Trump's conviction, his social, family and employment history, and his education and economic status — will remain confidential unless the judge authorizes its public release.

Trump's lawyers and prosecutors will be provided copies, but that doesn't typically happen until just before sentencing. Both sides can also submit their own paperwork to Merchan making the case for how they feel Trump should be punished.

Merchan has discretion to impose a wide range of punishments following Trump’s May 30 conviction for falsifying business records to cover up a potential sex scandal, ranging from probation and fines to up to four years in prison.

After declining to testify at the trial, Trump was required by law to participate in Monday's presentencing interview — doing so by video from his residence at the Mar-a-Lago club in Palm Beach, Florida, with his lawyer Todd Blanche by his side.

The arrangement garnered complaints of special treatment for a famous defendant, but city officials contended that was not the case and said such accommodations are available to anyone subject to a presentencing interview.

Typically, people convicted of crimes in New York meet with probation officials face-to-face for their required presentence interviews and aren’t allowed to have lawyers with them. After Blanche balked about Trump being made to answer questions alone, Merchan granted the defense lawyer permission to sit in on Trump’s interview.

The city’s public defenders on Monday criticized what they said were “special arrangements” for Trump and urged the probation department to “ensure that all New Yorkers, regardless of income, status, or class, receive the same pre-sentencing opportunities.”

“All people convicted of crimes should be allowed counsel in their probation interview, not just billionaires,” four of the city’s public defender organizations said in a statement. “This is just another example of our two-tiered system of justice.”

“Pre-sentencing interviews with probation officers influence sentencing, and public defenders are deprived of joining their clients for these meetings. The option of joining these interviews virtually is typically not extended to the people we represent either,” said the statement from the Legal Aid Society, Bronx Defenders, New York County Defender Services and Neighborhood Defender Service of Harlem.

A spokesperson for the city, which runs the probation department, said defendants have had the option of conducting their presentencing interviews by video since before the COVID-19 pandemic began in 2020. Ivette Dávila-Richards, a deputy press secretary for Mayor Eric Adams, said all defendants can also request to have their lawyers present for the interviews, as long as the judge in their case signs off.

“Trump has not been given any special treatment,” Dávila-Richards said. “He is being treated as any defendant convicted of a crime. It's just since he's so high-profile, everyone is making it bigger than what it is.”

A message seeking comment was left with a spokesperson for the state court system.

Presentence reports are designed to assist a trial judge in determining an appropriate sentence for a person convicted of a crime. Such reports are typically prepared by a probation officer, a social worker or a psychologist working for the probation department who interviews the defendant and possibly that person’s family and friends, as well as people affected by the crime.

Along with a defendant’s personal history and criminal record, they often contain a sentencing recommendation. The interview is also a chance for a defendant to say why they think they deserve a lighter punishment, and the city's probation department encourages defendants to provide documentation that they believe would assist in the process.

A jury convicted Trump of 34 counts of falsifying business records arising from what prosecutors said was an attempt to hide a hush money payment to porn actor Stormy Daniels just before the 2016 presidential election. She claims she had a sexual encounter with Trump a decade earlier, which he denies.

Trump, the presumptive Republican presidential nominee, has vowed to appeal his conviction — though by law he must wait until after he is sentenced to do so. He says he is innocent of any crime and says the case was brought to hurt his chances to regain the White House.


Former President Donald Trump is expected to appear, virtually, before a probation officer.

"Highly unusual": Legal experts say Trump got special treatment at probation interview

Nandika Chatterjee
Tue, June 11, 2024 

Donald Trump Brandon Bell/Getty Image

Former President Donald Trump was allowed to attend his pre-sentencing interview Monday under “highly unusual” circumstances, appearing virtually from his residence in Mar-a-Lago with his counsel Todd Blanche present by his side, the Associated Press reported.

Defendants such as Trump, who are out not jailed, are usually required to appear alone and in person for a probation interview, lawyers told Business Insider. However, authorities insist the same accommodations are potentially available for anyone.

In New York, the pre-sentencing interviews that probation officers have with defendants and prosecutors, respectively, are conducted so that the officer can write up a report with their sentencing recommendation. Although he may use it to inform his decision, Judge Juan Merchan can ultimately use his discretion to determine the nature of Trump’s punishment.

The preemptive Republican nominee is due to be sentenced July 11 after being convicted of 34 felonies related to his falsifying business records to cover up a hush payment to adult film star Stormy Daniels. He could be sentenced to anything from probation to up to four years in prison.

Martin Horn, a former commissioner of the New York City Department of Corrections and Probation who now lectures at the John Jay College of Criminal Justice, told The Daily Beast Monday that the cushy conditions of Trump’s meeting were “highly unusual.” Having a counsel present during such a meeting can influence the way the interview goes, what the defendant says and ultimately how the report is written, he said.

Others who represent people convicted of crimes agree.

“Pre-sentencing interviews with probation officers influence sentencing, and public defenders are deprived of joining their clients for these meetings. The option of joining these interviews virtually is typically not extended to the people we represent either,” said a statement from the Legal Aid Society, Bronx Defenders, New York County Defender Services, and Neighborhood Defender Service of Harlem. “All people convicted of crimes should be allowed counsel in their probation interview, not just billionaires. This is just another example of our two-tiered system of justice."

The interview is also a chance for the defendant to express remorse for their crimes so they can earn a lighter punishment. However, Trump has vehemently denied his attempt to hide his hush money payment to Daniels right before the 2016 presidential election. In fact, his campaign exploited his lack of remorse in a fundraiser email on Monday.

“Can you believe this, Friend?” the email read. “I’m actually about to speak to a probation officer after my RIGGED CONVICTION! My only crime? Putting the AMERICAN PEOPLE, ahead of the COMMUNISTS, MARXISTS, AND FASCISTS that want to see our country DESTROYED,” The Daily Beast reported.

"I've never been present at a probation interview," said Legal Aid attorney Sam Roberts, who estimated he's had over 3,000 clients do these interviews.

"Defendants are prejudiced daily by damaging statements they make without counsel present," Thomas Eddy, an attorney from Rochester, New York, told Business Insider. "How much trouble do you think Trump would get into today if Blanche wasn't there to muzzle him?"

A spokesperson for the city said that defendants have had the option to conduct their pre-sentencing interview virtually since before the pandemic began in 2020. Ivette Dávila-Richards, a deputy press secretary for Mayor Eric Adams, added that defendants have also always had the provision to have their lawyer present, provided that the judge signs off.

She said claims that Trump was receiving special treatment were “ridiculous.”

“Trump has not been given any special treatment,” Dávila-Richards said. “He is being treated as any defendant convicted of a crime. It’s just since he’s so high-profile, everyone is making it bigger than what it is.”

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