Donald Trump est devenu jeudi le premier ancien président américain à être reconnu coupable d’une infraction pénale, mais il pourra toujours faire campagne pour rendre la Maison Blanche à son successeur démocrate, Joe Biden.
De manière paradoxale, alors qu’il affirmait à chaque comparution que le procès l’éloignait de la campagne quatre jours par semaine depuis le 15 avril, il retrouve avec ce verdict toute liberté de circulation, du moins jusqu’au 11 juillet.
Puisque le juge Juan Merchan a précisé que sa sentence serait prononcée le 11 juillet à 10 heures au tribunal de New York, soit quatre jours avant la convention qui le désignera officiellement comme candidat républicain à l’élection présidentielle du 5 novembre. Le juge l’a autorisé à partir sans demander de caution.
Il a accordé à la défense jusqu’au 13 juin la possibilité de présenter ses arguments en vue de la décision de sanction et à l’accusation jusqu’au 27 juin pour répondre.
Le procureur de New York en charge du dossier, Alvin Bragg, qui a exprimé jeudi soir sa satisfaction après le verdict, n’a pas souhaité préciser si le parquet envisageait de demander une peine de prison.
En théorie, Donald Trump pourrait être condamné à la prison, car les actes de falsification de documents comptables peuvent entraîner une peine maximale de quatre ans dans l’État de New York.
Toutefois, étant donné que le prévenu n’a pas d’antécédents judiciaires, âgé de 78 ans au moment du prononcé de la peine, le juge devrait plutôt le condamner à une peine de prison avec sursis, ou à des travaux de service public, ainsi qu’éventuellement par amende.
Quoi qu’il en soit, Donald Trump a un mois pour annoncer son intention de faire appel, annoncée jeudi soir par ses avocats, puis plusieurs mois pour l’officialiser. Il est fort probable que cet appel aura un effet suspensif sur cette peine, notamment en cas de détention.
Il est peu probable qu’un procès ou un appel puisse avoir lieu avant l’élection présidentielle.
Cette condamnation pénale, qui n’est qu’une éventuelle peine de prison, ne remet en rien en cause cette candidature. Si son choix est fait, il pourra prendre ses fonctions en janvier 2025. En revanche, il ne pourra pas se défendre ni demander l’abandon de ces procès, car il s’agit d’une procédure de l’Etat de York et non pas fédéral.
Donald Trump a répété après le procès que le « vrai verdict » ne serait pas celui des douze jurés new-yorkais, mais celui de dizaines de millions d’électeurs américains le 5 novembre.
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