WASHINGTON: Former US President Donald Trump’s recent indictment on federal charges related to his efforts to overturn the results of the 2020 election has sparked claims on social media, suggesting that he is facing the death penalty.
However, both the Justice Department and legal experts have confirmed that Trump is not at risk of capital punishment for any of the charges.
The false claims began circulating after Trump pleaded not guilty to all four charges in federal court on Thursday. Some posts on social media asserted that a conviction would result in the death penalty for the former president.
The truth is that one of the charges in Trump’s indictment, conspiracy against rights, could potentially carry the death penalty or life in prison. However, this penalty would only apply if the violation resulted in death or other aggravating factors, such as kidnapping or sexual abuse. In this case, the indictment does not hold Trump responsible for any deaths or such aggravating factors.
A spokesperson for Justice Department special counsel Jack Smith’s office, Peter Carr, clarified that the claims suggesting the death penalty is possible are “not accurate” as the indictment lacks the special findings required for such a punishment.
Possibility of Death Penalty for Donald Trump
Daniel Richman, a law professor at Columbia University specializing in federal criminal law, supported this assessment, stating that there is currently “zero basis” to believe that the death penalty is a possibility for Trump. He pointed out that the indictment makes no effort to connect Trump’s actions to the deaths on January 6th or any other aggravating factors.
Instead, Carr stated that if convicted, Trump could face up to 10 years in prison for conspiracy against rights, up to five years for conspiracy to defraud, and up to 20 years for each of the obstruction charges. The other three charges in the indictment are not eligible for the death penalty.
As the case proceeds, the sentencing will ultimately be determined by the judge assigned to Trump’s case, following federal sentencing guidelines. Given Trump’s status as a former president and a first-time offender, legal experts believe that it is unlikely he would receive a sentence as severe as the maximum penalties outlined in the indictment.
For now, the Justice Department has not filed any notice to seek the death penalty, and there is no indication that they plan to do so.
