Trump’s Pre-Sentence Interview – Will He or Won’t He?

Today Donald Trump will likely sit for his pre-sentence interview with a New York City Probation Department official, but unlike most persons, he will not have to attend in person; his interview will take place remotely while he is in Mar-A-Lago. Also, unlike most persons, Trump will have his lawyer present, this due to Judge Merchan’s order. So much for Trump’s bloviating about being treated unfairly.

Note too that, according to Business Insider, “NY state law requires the judge to order a pre-sentencing report, but does not require that the defendant participate in the process.” Should, however, Trump follow that path, Business Insider continued, according to Angel Rodriguez, founder of Avenues for Justice, “It would piss the judge off to no end’ . . . especially given his history of gag order violations and disruptive courtroom behavior.” We all know Judge Merchan’s temperament by now, and “pissed off” might be an understatement.

NY pre-sentence interview form

Trump, also, in another manner of not participating, could attend the virtual meeting but refuse to answer any questions except, perhaps, regarding his name, address, and other similar queries. According to a NY defense attorney cited by Business Insider, “If he wants to show remorse, then certainly the probation report is a good place to start doing that, but Donald Trump has not shown remorse and insists everybody else are the wrongdoers.” Trump’s chances for sentencing leniency will be harmed with this approach, and it’s a pretty sure bet he would express neither regrets for his crimes nor concerns for the victims, like Stormy Daniels or Michael Cohen.

Trump’s usual “everybody else are the wrongdoers” approach may fit a Mafia families meeting, how differently New York Courts.com describes the benefits to a cooperative demeanor:

The pre-sentence report is a chance for the defendant’s lawyer to say good things about the defendant, like that the defendant is in a counseling program or has a steady job and takes care of an ailing family member. The pre-sentence interview is a chance for the defendant to try to make a good impression and explain why he or she deserves a lighter punishment. The pre-sentence report is also a chance for a crime victim to explain how he or she has suffered and what he or she has lost.

Will he or won’t he? We know he cannot regulate his fury or his massive self-confidence. In sum, the Business Insider article quotes a former NY white collar crime prosecutor, Diana Florence:

“It’s perfectly fine to say the matter is on appeal, and I maintain my innocence. What’s not fine is to say the judge is corrupt and the jury is corrupt, and the witnesses must die.”

Indeed. But given Trump’s bravura-tinged self-defeating nature in these legal settings, his lawyer’s job convincing him to just shut up, shut up, shut up is a Herculean task. As we’ve witnessed, Trump’s lawyers are not Greek gods.

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The TWSA! Interview – Professor Gingrich Rejects Iowa Straw Poll Results

August 15, 2011

Your Editor [Me, Editor]: Mr.  Gingrich, may I call you Gingo?
Gingrich: No. 
My Next-Door Neighbor (NDN): I told you he wouldn’t.
Me, Editor: Well, you’re still not getting back your lawn mower.
NDN: Yeah, yeah, that’s all I hear . . .
Me, Editor: Excuse us, Professor.
Gingrich: No.

Me, Editor: Well, let’s move on, shall we?  Professor, how do you feel about your finish in the Iowa straw poll Saturday? You garnered 2% of the vote. You were 8th out of 10 candidates. Do you consider that a repudiation . . .?
Gingrich: Well, first off, as I told FOX’s Chris Wallace at last week’s debate, I wish you would put aside the gotcha questions.  How I did in Iowa is irrelevant to my candidacy.
Me, Editor: Yes, but how you finished in the poll does have some effect, after all. You are now viewed as a long shot for the nomination . . .
Gingrich: Wait, wait a minute. Who says I was entered in the Ames Iowa straw poll?
Me, Editor: Um . . . well your straw poll entry documentation for one thing. Your appearances there. Your name on the ballot.  Your . . .
Gingrich:  Wrong. Clearly, anyone who says that I was involved in the Ames thing is lying. I was not there. I did not compete. I was not on the ballot. Ballots can be faked, photoshopped. . .
Me, Editor: (Quickly, I show Mr. Gingrich the many news accounts and photos of him in Ames, Iowa.) But I have these pictures, and news stories, and your own words . . .
Gingrich: Quit! Quit with these “gotcha” questions. I was in New Hampshire, a state whose presidential primary has importance, not Ames. I couldn’t find Ames on a map. The Ames thing is a beauty pageant. I have no doubt I’d have won, but I decided months ago to forgo such silliness. Manifest silliness. I was not there.
Me, Editor: You maintain these hundreds of reports are fabrications.
Gingrich: Yes. I was not there. I did not compete. Clearly, these news accounts and pictures are false. Can we move on, please, to some of my ideas? Ideas that can help revive our great country?
Me, Editor: Well, I would rather speak more of the obviously false news accounts of your appearances in Ames, Iowa.  That’s a big story.

Gingrich: No, it is not. America is. Let’s talk about my ideas for America. I have two ideas a minute. Giuliani noticed that. And here’s the title of my new book, Let’s Talk About My Ideas. I Have 2 A Minute!
Me, Editor: Interesting. That brings up an observation. Your books are more often co-written. There is speculation. How much, on average, do you contribute to the actual writing?
Gingrich: As Reagan said to Carter in a 1979 debate, “There you go again.” You do that. You just asked another “gotcha” question. Look. My name’s on the cover. It’s in the biggest type face. That’s all I’m going to say on that matter. Now, about my ideas for America . . .
Me, Editor: Please.
Gingrich: First, as President, through an Executive Order – E.O. 1 – I’ll rename the country. I’ll call us “Cash Only.” No more credit buying. No more big deficits. In fact, here’s another idea. We’ll forgive our debt to others. E.O. 2 will do that. I’ll send a powerful message to others .
Me, Editor: Which is . . . ?
Gingrich: Another “gotcha”? Again . . .?Me, Editor: Proceed.
Gingrich: So, as President, on day one, with E.O. 2, I’ll say to the world, “We’re going to see you straight. We’re not paying our debt at all. In fact, who says we owe anything to anybody? Show me the paperwork.” So That’s The First Hour Of My First Day As President. Already, We’re Completely Debt Free.
Me, Editor: Sir, we all know there is more than ample paperwork. Countries from China to Saudi Arabia hold hundreds of billions of Treasury obligations . . .
Gingrich: They can be forged. They can be manipulated. Computers can be hacked. People can be bribed.
Me, Editor: So, do you plan to just blow off the entire amount we owe? Trillions? The world would collapse economically. The United States would be humiliated . . .
Gingrich: Remember my first idea. We’re not the “United States” anymore, we’re “Cash Only.”
NDN:  I actually like that idea!
Me, Editor: That’s a good speech, NDN. Remember, you’re just here as an observer.

Gingrich: So, that’s the first hour of my first day as President. Already, we’re completely debt free. Next, I’d make Social Security and Medicare secure for future generations, and not like Eric Cantor or Paul Ryan would, not by a nasty form of privatization.
Me, Editor: That’s intriguing. As you know, much has been suggested for many years by all political parties, economists, policy analysts . . . How would you propose to secure these programs?
Gingrich: I wouldn’t “propose.” President Gingrich would do. It’s simple. It demonstrates my knowledge of history. I’d employ my mastery of policy. I’m futuristic.
Me, Editor: This could be a magnificent demonstration of that. But I can only imagine fixing Medicare and Social Security and maintaining its stability, affordability, and viability would be complicated . . .
Gingrich: Complicated? Not at all. It’s just that no politician has the ability to think my ideas. For both programs, I’ll invoke the Alien and Sedition Acts.
Me, Editor: Excuse me . . . um . . .
Gingrich: You don’t know the history. To keep Medicare and Social Security on the books, I’ll invoke one of the Alien and Sedition Acts, the Alien Act. It allows the president to deport any resident alien considered dangerous to our safety. 
Me, Editor: Have you read these centuries old laws? Under no possible interpretation do they apply to your purposes. But, even assuming they did, how are Medicare and Social Security recipients dangerous to our safety? How are they “aliens,” for Heaven’s sake? And did not Supreme Court Justice Douglas say that the Alien and Sedition Acts “constituted one of our sorriest chapters.” . . .?
Gingrich: I remember a summary of it all in graduate school where I earned a PhD. in history. Regardless, the Alien and Sedition Acts were never held unconstitutional. In any event, applicable or not, on day one of my presidency, in the early afternoon, I’ll issue E.O. 3, and use the Alien Act to deport all persons receiving Medicare and Social security benefits to the Scandinavian countries: Norway, Denmark, Sweden, Finland, and any others in that group. They like socialist parasites. And such people are, by definition, dangerous to our security, are they not?” And what could be more “alien” to our values? Scandinavians love socialists, they would welcome these people.
Me, Editor: But, but . . . but . . . but . . . they don’t mean “alien” like that, they meant it as in “immigrant,” not as in American citizens.
Gingrich: Not in my dictionary. Clearly, you need to look up “parasite.”
NDN:
 Right on, professor. I’m on Medicare and Socialist Security, and I agree with you. I’m a parasite.
Me, Editor:
 Yes, you certainly are. . . And, Professor Gingrich, to be candid, your ideas in this area are stunning. Literally. I’m stunned. Numbed. I cannot feel my arms.
Gingrich: Thank you. I’m unapologetically proud of my audacity. And since I’ll use E.O. 3. to accomplish it, I’ll bypass Congress, and, then, with E.O. 4, I’ll abolish the federal judiciary, permanently neutralizing their influence. And I’ve only revealed a few of my ideas. But most of all, as President, I will reduce the size of the federal government and the power of “imperial presidency” that President Obama has radically expanded.

NDN: Excuse me, Professor. I have a question. Maybe you have an idea. . . Suppose your neighbor borrowed your lawn mower, your car, your savings. He’s had these items for more than three years. You’ve asked for them back, a lot. But you get no reply. He gets you confused into working off an imagined debt to him by working full-time in his online publishing venture . . . Any ideas how to get out of this?
Gingrich: Well, sure I do. First, you simply . . .
Me, Editor: Well, I see our time is up. Thank you for your time, Professor. We’ve all gained from your insights and your crackerjack ideas. Two a minute. Well, I say, keep on noodling about America’s problems. Until next time, good luck on the campaign trail!