@benjaminwittes what is missing is the minimum trump can be penalized if found guilty. Which is what I suspect will be the case.

@JonKramer You can't really know that without knowing what counts he would be convicted on. It's a guidelines question and the specifics matter a lot.

@benjaminwittes so the minimum is zero days in prison. I wonder how that happened, that those are what the DOJ decided to go with.

@JonKramer the minimum is zero for the vast majority of crimes. Relatively few crimes have mandatory minimums.

@JonKramer we published some data on sentencing in similar cases on @lawfare today. The average is in the 50 month range but that’s very rough as the comparable cases aren’t that comparable.

@benjaminwittes @lawfare what are the odds that NONE of the indictments would have a minimum? I am highly skeptical that this wasn't by design. Especially with the famous law signed by trump with a 5 year minimum that seems taylor made for one of these charges...

@benjaminwittes @lawfare really. I have an exceptionally hard time believing that. This just seems to be a plan. Why include a spot on an indictment stating a minimum if the odds that there isn't one is so high? Why not pick a charge with a minimum jail time? Why wait 2 years for what amounts to a fine?

Maybe I lack trust in the system... but why should I trust it?

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