- Trump was allowed to conduct his pre-sentence interview virtually in New York City with his lawyers present.
- New York lawyers say it’s preferential treatment for the billionaire former president.
- They say low-income defendants should be interviewed in person and without lawyers.
Donald Trump was allowed to undergo pre-sentence questioning via video conference on Monday with his lawyers present, but New York City lawyers whose clients are not billionaires or former presidents have argued that this is unfair.
Defendants who are not in jail awaiting sentencing are being instructed to appear in person and alone for interviews with the city’s probation department, several city attorneys told Business Insider.
According to the Associated Press, Trump’s 30-minute interview was conducted virtually rather than in person at Mar-a-Lago with his lawyer, Todd Blanche, at his side.
In New York, a probation officer speaks individually to the defendant and the prosecutor at a pre-sentence interview in preparation for what is called a pre-sentence report.
These reports are important because they recommend to the judge what punishment is appropriate.
Trump was convicted in Manhattan last month on 34 counts of falsifying business records in the so-called “hush payment” case and is scheduled to be sentenced on July 11.
“All people convicted of crimes, not just billionaires, should be allowed to have an attorney present at their probation interviews,” four New York City-based public defender groups said in a joint statement Monday.
“This is just another example of our dual justice system,” said the statement issued by the Legal Aid Society, the Bronx Bar Association, the New York County Bar Association and the Harlem Neighborhood Bar Association.
A city spokesperson told Business Insider that Trump has been allowed to give interviews via video call and with his lawyer present, but that this is not preferential treatment.
“It’s common. It’s not uncommon. It’s been an option even before COVID,” Yvette Davila Richards, a deputy press secretary for the mayor’s office, said of Trump’s online interview. “This is President Trump, so there are no exceptions,” she added.
It’s true that defendants who are in custody awaiting sentencing typically undergo pre-sentence questioning via video, defense lawyers told Business Insider.
But defendants on release like Trump are almost always required to appear alone, in person, for probation interviews, lawyers told BI.
Lawyers also complained that it was highly unusual circumstances that Trump was able to appoint lawyer Todd Branche to his entourage.
New York State Supreme Court Judge Juan Marchan on Friday ordered probation to allow Blanche to attend the interview with Trump after prosecutors did not oppose the request, according to court documents.
“I’ve never sat in on a probation interview,” said Sam Roberts, a veteran Legal Aid Society attorney who estimates he has had more than 3,000 such interviews with his clients.
“To be fair, at least when a client is in custody awaiting sentencing, it would be a procedural nightmare to allow an attorney to be present,” said Thomas Eddy, a Rochester, N.Y., attorney who is fighting the no-attorney rule on appeal.
He shared a 2023 email with Business Insider in which probation and court officials said it was policy for defendants to be questioned without an attorney unless there was a specific need for an attorney to be present.
“Defendants are prejudiced every day by harmful statements made without an attorney present,” Eddy said.
A negative finding on a probation report could work against an inmate seeking reduced security, work release or parole, he said.
“How much trouble do you think Trump would be in today if Blanche hadn’t kept him quiet?” Eddie asked.
