No, Trump is not facing the death penalty on his latest federal charges, as some online claim
There is little doubt that a DC jury will convict Trump of felonies Biden’s DOJ has leveled against
WASHINGTON DC (AP) - As Trump pleaded not guilty on all four charges in federal court on Thursday, some on social media spread falsehoods about the maximum sentence he could receive if convicted was a death penalty. But Trump is not facing the death penalty for any of the charges in his most recent indictment
CLAIM: Former President Donald Trump is facing the death penalty on federal charges filed against him in Washington, D.C. on Tuesday related to his efforts to overturn the results of the 2020 election.
AP’S ASSESSMENT: False. Trump’s possible sentence if convicted does not include the death penalty, the Justice Department and a legal expert confirmed. One of the four charges — conspiracy against rights — can be eligible for the death penalty, but only if the violation results in death or other aggravating factors. As the indictment does not hold Trump responsible for any deaths, the former president is not facing capital punishment.
THE FACTS: As Trump pleaded not guilty on all four charges in federal court on Thursday, some on social media spread falsehoods about the maximum sentence he could receive if convicted.
“There is little doubt that a DC jury will convict Trump of the felonies Biden’s DOJ has leveled against him,” reads one tweet. “The only question is whether Trump will be sentenced to death. Trump can run from prison ONLY if he’s alive.”
A Facebook post similarly states: “They want to give President Donald Trump the death penalty........they can’t get him on anything else so they’re going for the ultimate. Whether you love him or hate him no one deserves this.”
But Trump is not facing the death penalty for any of the charges in his most recent indictment.
Peter Carr, a spokesperson for Justice Department special counsel Jack Smith’s office, told The Associated Press that claims otherwise are “not accurate” because “the indictment does not contain the special findings required.”
Smith indicted the former president on Tuesday of trying to subvert the will of voters and obstruct the certification of Democrat Joe Biden’s victory before Jan. 6, 2021, when a mob of supporters stormed the U.S. Capitol in a violent clash with law enforcement. He faces charges of conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction of an official proceeding and conspiracy to prevent others from carrying out their constitutional rights.
The fourth charge, known in the U.S. Code as conspiracy against rights, can be eligible for the death penalty or life in prison, but only if the violation results in death or other aggravating factors such as kidnapping or sexual abuse.
Five people died during the attack on Jan. 6, including Trump supporter Ashli Babbitt, who was shot by police as she tried to enter a room off the House chamber. But the indictment doesn’t hold Trump responsible for any of these deaths.
Carr said that Trump could receive a maximum of10 years in prison if convicted of conspiracy against rights, up to five for the conspiracy to defraud charge and up to 20 for each of the obstruction charges. None of the other three charges are ever eligible for the death penalty, he said.
Daniel Richman, a professor of law at Columbia University who specializes in federal criminal law, confirmed that capital punishment is not on the table, stating that “there is zero basis to believe at this point that is a possibility.”
He wrote in an email that the indictment “makes no effort” to connect Trump’s actions to deaths on Jan. 6 or to any other aggravating factors. He added that there is no reason to believe the Justice Department filed the required notice to seek the death penalty, nor that it has any plans to do so.
Richman said it is “nearly impossible” right now to predict what sentence Trump could actually receive if convicted.
As a former president and a first-time offender, it’s highly unlikely Trump would serve a sentence as long as the maximums for the indictment’s top counts. Ultimately it is up to the judge assigned to Trump’s case to determine what his sentence would be, following federal sentencing guidelines.
