Donald Trump has publicly claimed to be undeterred by the 37 federal charges he was recently indicted with, calling the matter a "hoax" and proclaiming to have drawn in millions in campaign funding since.
The former president, who was arraigned in Florida on Tuesday, pled not guilty to all charges relating to the alleged mishandling of multiple classified documents after he left the White House.
In the days since his indictment, his campaign said they had managed to raise $6.6 million "and counting" for his presidential reelection bid. Trump spokesperson Liz Harrington later told Newsweek via email that the total had climbed to more than $7 million.
Despite the bravado, the former president has also shared anxieties about the sentence he could face if convicted, claiming centuries of punishment may await him.
The Claim
During his speech in Bedminster on Tuesday, June 13, 2023, Donald Trump claimed that he was being threatened with a 400-year prison sentence.
Trump said: "Threatening me with 400 years in prison for possessing my own presidential papers which just about every other President has done is one of the most outrageous and vicious legal theories ever put forward in an American court of law."
He also said: "I just got charged with, they want 400 years approximately if you add them all up, a fake 400 years."
The Facts
The calculation for reaching this possible sentence (if Trump is convicted) is simple: apply the maximum possible sentences for each of the 37 charges he faces and then order them consecutively.
However, the chances of this happening appear to be pretty slim, as Trump appears to believe too, calling it a "fake 400 years".
Former federal prosecutor David Weinstein (now partner at Jones Walker LLP) told Newsweek that the advisory sentencing guidelines for the offenses listed were between 188-235 months (about 15 and a half to 19 and a half years).
"That sentencing range could go up or down based on some additional enhancements contained in the sentencing guidelines," Weinstein added.
"The guidelines are advisory and it is up to the Judge to determine the sentence imposed."
"At the age of 77, a 20 year sentence is what is perhaps left in his lifetime."
This is the likelier scenario if he is convicted, although we can't accurately predict what other information or events could influence the trial, such as Trump changing his not-guilty pleas or the presentation of as-yet unseen evidence that could influence a judge's decision.
However, according to another former federal prosecutor Scott L. Fredericksen (now partner at Foley & Lardner LLP), the notion that Trump could face maximum and consecutive sentences if convicted was "a red herring."
"There is no likelihood of Trump receiving 400 years or 100 years or 50 years or 20 years, or even 10 years most likely," Fredericksen said.
"If he were convicted on all the federal charges the sentence is determined by the U.S. Federal Sentencing Guidelines, which incorporates sentence ranges for every federal offense, includes any prior criminal convictions (here there are none of course), and many additional factors.
"Bottom line is if Trump were convicted of all of the charges, at most he might receive a sentence (and I have not done the Federal Sentencing Guidelines calculations) within a broad range of 3-7 years (that's a rough estimation), and a more likely sentence of around the area of three years.
"In addition, the federal judge does have authority to depart from the recommended range in the guidelines, by increasing or decreasing the sentence.
"So, not even a gram of truth in the 400-year sentence at all."
So Trump's claim that he had been threatened with 400 years is something of an exaggeration.
Even if a judge were to apply the maximum sentences consecutively, there's nothing in the indictment that suggests this is being actively sought or threatened. The only information which may infer this are the Penalty Sheets which only list the maximum term of imprisonment.
So, although we cannot say with complete certainty that a 400-year sentence won't happen should Trump face conviction, based on expert analysis and the verifiable information available, it does not seem likely.
Trump's woes of course don't end with the indictment, as he faces the risk of multiple criminal trials all while campaigning to become president in 2024.
The former president, who remains the overwhelming favorite to win the Republican presidential nomination, is already set to begin a trial in New York in late March 2024, accused of 34 counts of falsifying business records as part of Manhattan District Attorney Alvin Bragg's hush money probe. Trump has also pleaded not guilty to those charges.
Elsewhere, there have been indications that the criminal investigation in Georgia, looking into whether Trump and his allies illegally tried to overturn the 2020 election results, is drawing to a close, and that the former president could face further indictments.
Newsweek has emailed a Trump representative for comment.
The Ruling
Needs Context.
Trump's indictment lists the possible maximum sentences for each of the 37 offenses he's been charged with, all of which he's pled not guilty to.
Adding these together and applying them consecutively would total (if he is convicted) 400 years. However, according to former federal prosecutors Newsweek spoke to, based on sentencing guidelines he is more likely to face a sentence of between 10-20 years, if convicted.
Although we can't say that he definitely will not face maximum and consecutive sentences if convicted, the available evidence suggests it's unlikely.
FACT CHECK BY NEWSWEEK
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