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.”
