https://archive.ph/5G9uyThough Trump may face prison time if convicted of certain crimes, it’s unclear, and in some cases unlikely, that he will ever sit behind bars. Though some of the alleged crimes are clear-cut, it’s uncertain if prosecutors have the “political appetite to pursue charges,” Anthony Michael Kreis, a political scientist and law professor at Georgia State University College of Law, told The Times.
An indictment against the former president would be unprecedented and prosecutors would worry about appearing politically motivated, Kreis said. The criminal referrals James made from the civil lawsuit are perhaps the most “precarious,” he added. James has made no secret of her desire to go after Trump and his family for potential wrongdoing. “That may be something federal prosecutors won’t want to touch with a 10-foot pole,” Kreis said. “They don’t want the former president to get away with anything he’s done, but at the same time, they want to avoid the appearance of being overtly political or seeking retribution.”
Kreis said federal prosecutors likely have enough evidence to go after Trump for his involvement in the Jan. 6 insurrection, but “that has a similar political dynamic.” Perhaps the greatest vulnerability Trump has is the investigation into his procurement of sensitive government records. Trump illegally holding onto classified documents is more black and white than the insurrection, Kreis said. “Anyone who did something remotely similar would have already been charged.” The same is true in Georgia. Trump was “central to what is appearing to be an organized conspiracy to overthrow the election and pressure officials into committing election fraud,” Kreis said. The principle at stake is whether powerful people should get away with crimes just because they’re politically active. Prosecutors are contending with hyperpartisanship when deciding whether to devote resources to an investigation that might “shock the political ecosystem,” Kreis said.
"Essential Politics: Could Trump really go to prison?"
1"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan