On Friday, after months of delay and prior assurances from the judge that Donald Trump would receive no jail time, the president-elect’s sentence was unconditionally discharged, sparing him from fines and probation too. Still, when he enters the White House in a few weeks, he will be the first sitting president with a felony conviction on his criminal record.
Trump invoked the unfairness of the criminal legal system at every turn of his legal case. He sought and received numerous delays, claimed the case was politically motivated, received immunity for his actions while president (effectively wiping several other criminal cases off the table), and asked for a last-minute intervention from the Supreme Court. But for many watching the trial — especially people behind bars — Trump’s treatment, and his rare and lenient sentence, underscores the notion that the American legal system has two tiers: One for the rich and powerful, and another for everyone else.
The Marshall Project reached out to people who have been in Trump’s shoes at several critical junctures during his legal proceedings. A range of people with felony convictions told us that they weren’t afforded the same treatment Trump received during his arraignment. When a jury convicted him of 34 felonies for falsifying business records in connection to a hush money payment made to an adult film actress, some told us they hoped he would spend time behind bars to understand the plight of millions of Americans in prisons and jails.
We asked people who have been convicted of felonies for their reactions to his sentence. Many tried to square their personal experiences with the system with the way Trump’s case was handled. Their responses have been condensed and edited for clarity.
Janel Suthers
Donald Trump got off scot-free due to his public identity. This would never be the outcome for the average defendant. Trump is, by far, not the average defendant.
I understand that a president is afforded immunity, but that exemption should only be applied to official actions that are directly in relation to his duties as president, not his personal life.
With that being said, the American people elected Trump to be their commander-in-chief, and the judge has made his decision with that in mind. The message the public receives is that the rich and powerful are, in fact, above the law. That they can break the law without consequence has been a long-standing belief, but now we all know that it’s the truth.
Was this fair? I think Donald Trump and the people who voted for him think it was fair. I feel that maybe he should have received a suspended sentence to send a message to all future candidates that they should follow the law.
Janel Suthers is incarcerated at Arizona State Prison Complex – Perryville in Goodyear, Arizona.
Lacy Smith
We are trying to figure out how can a guy who had 34 felonies, or how[ever] many he had, do no time — and we committed one or two, and we have to do time?
It bothers me to the core. Like it hurt so bad, because you got a lot of guys here, who did things, but you don’t have the money.
I think it’s going to change the way people feel about the law. Like if I’m rich, or I got power, I’m above the law. I’m above justice. Justice cannot be served to me. The middle class and poor people, we will still be stuck in the same revolving door.
Lacy Smith is incarcerated at Nash Correctional Institute in Nashville, North Carolina.
Patricia Trimble
It is said that justice is blind, and that’s absolutely true, and her blindness prevents her from seeing the weighty hand of the wealthy tipping the scales in favor of the rich.
If you took a poll of 10,000 Americans, I don’t think you would find more than two or three that thought that Trump would ever go to jail.
The man stood there talking about how, just because he’s so wealthy, he could just walk up to women and grab them between the legs and get away with it. And everybody thought, ‘Oh yeah, that’s just Donald.’
He was charged. He was made to make bail. He had his day in court with 12 jurors, and those jurors unanimously convicted him. That in itself was extraordinary.
But beyond that, everybody knew that even if he wasn’t elected president, his wealth was never going to allow him to serve time. And, as a convicted felon, I’m sure the collateral consequences faced by other felons will never apply to him.
Patricia Trimble is incarcerated in the Southeast Correctional Center in Charleston, Missouri.
Derek LeCompte
Trump’s sentence doesn’t affect my opinion on the criminal justice system. I’ve already come to the realization, mainly through education, that the law isn’t designed to punish people like him. It is designed to punish poor people like me.
The one thing I disagree with the prosecutor on is Trump isn’t responsible for a bad public opinion of the justice system. It’s been bad for a long time.
His sentence says to the public: Some people are above the law, and money — or even worse, political influence — can buy your way out of anything. It’s no wonder why the world views us as having one of the most corrupt political systems.
Trump has gotten away with so much already, charged or alleged, that he has no regard for the law or its enforcement. Nor any regard for women, people who are downtrodden, or anyone who is not in his tax bracket. He received what many people should have gotten, but instead, they were sent to prison or heavily burdened by fines or probation.
Derek LeCompte is incarcerated at South Woods State Prison in Bridgeton, New Jersey.
R. Aaron Flaherty
I do not believe Trump was treated fairly, at both ends of the fairness spectrum. If Trump had elected not to seek the presidency again, I do not believe he would have been prosecuted. On the other hand, having been in prison for 28 years, I have never seen anyone found guilty of 34 felonies only to have the judge say the convictions are “punishment enough,” and let unconditional discharge be the final imposition of a multimillion-dollar prosecution.
This implies that prosecution can indeed be vindictive, but if a person has enough influence, they can still avoid any accountability for their offense.
The rhetoric Trump has established during his campaign gives no hope for reformation of the criminal justice system under his presidency. His narrative of rising crime rates and a need for heightened policing and increased punishment is based on fake news.
R. Aaron Flaherty is incarcerated at the Wainwright Unit in Lovelady, Texas.
