Former federal prosecutor weighs impact of election results on Trump sentencing

Ex-federal prosecutor Thomas Dupree on Friday weighed the impact of election results on former President Trump’s hush money case sentencing, which will happen in late November.

“I think in New York, for my perspective, I think the judge will not be able to sentence him to an immediate term of incarceration,” Dupree told NewsNation’s Blake Burman on “The Hill” on the topic of Trump recapturing the White House in early November. “I don't think constitutionally you could condemn [an] incumbent or soon-to-be president of the United States to sit in a jail cell.”

Trump’s sentencing in the hush money case was pushed on Friday to Nov. 26, a few weeks following Election Day. It had been previously set to occur later this month. 

When asked about the possibility of Trump failing to regain the office of the presidency before sentencing, Dupree responded that he believes “number one, it at least creates the possibility of a jail sentence, because obviously you wouldn't be infringing on a president-elect's power, to exercise the power of his office.”

With only around two months to go to the election, Trump is neck-and-neck with Vice President Harris in polling in some battleground states like Pennsylvania, Georgia and Arizona, according to averages of polls from The Hill/Decision Desk HQ. However, Harris is leading the former president in an average of national polls from The Hill/Decision Desk HQ by 3.8 points.

Harris and Trump are set to go head-to-head in a presidential debate next Tuesday night hosted by ABC News, the first debate of the cycle in which Harris has been at the top of the Democratic ticket.

NewsNation is owned by Nexstar Media Group, which also owns The Hill.