Judge Chutkan's Capitol Rioter Sentencing Could Force Trump Into a Corner

Former President Donald Trump could be backed into a corner following Judge Tanya Chutkan's sentencing of a January 6 rioter this week.

Chutkan, who is tasked with overseeing Trump's federal January 6 trial, on Tuesday sentenced 57-year-old Stacey Stephens to 14 days in jail over her involvement in the riot at the U.S. Capitol, when a group of Trump's supporters violently protested the 2020 presidential election results. Federal prosecutors allege Trump's comments about the election fueled the protesters, a central point of his trial.

Trump is facing four criminal counts stemming from the Department of Justice investigation of the former president's activities surrounding the January 6 attack on the U.S. Capitol. Special Counsel Jack Smith argued in his 45-page indictment against Trump that the former president repeatedly attempted to remain in power despite losing to President Joe Biden in 2020.

Trump maintains his innocence, accusing prosecutors of targeting him for political purposes. He pleaded not guilty in this case, as he did in his three other criminal cases.

During the sentencing on Tuesday, Chutkan said she did not "hear remorse for the collective trauma this country has suffered" from Stephens during the testimony.

Chutkan talk of remorse may not bode well for the former president, should he enter either a guilty plea or be convicted in the case, legal experts told Newsweek on Wednesday.

They said the ruling could be troubling for Trump should he be convicted in the January 6 trial, pointing to his history of making allegedly "antagonistic" comments toward judges amid his legal battles.

Former federal prosecutor Gene Rossi told Newsweek on Wednesday, based on his representation of Capitol riot clients, that judges tend to consider imposing more severe sentences if defendants show no remorse or "feigned contrition."

"For Mr. Trump, if he is sentenced, and shows nothing but disdain, hostility and anger at the system, she will take that into consideration," Rossi said.

Trump likely wants to be seen as a "fighter who snubbed his nose at what he considers political retribution" as he faces his myriad legal battles, Rossi said, meaning he may show "anger, hostility and disrespect to the system" in his trial or potential sentencing.

This could increase the likelihood of receiving a prison sentence, and also put pressure on his attorneys as they defend him in his trial next year.

"If I were his defense attorney and felt he would show no remorse at sentencing, that would put a burden on me when I'm trying to defend. I know if I lose, I know the sentencing could be worse than the trial," he said.

Newsweek has reached out to the Trump campaign for comment via email.

Neama Rahmani, also a former federal prosecutor, said Chutkan would consider whether Trump accepts responsibility in a potential sentencing, as federal guidelines provide for a lesser sentence when a defendant does so. However, he said Trump's past behavior suggests it is unlikely he will accept responsibility, even if a jury finds him guilty.

"I haven't seen anything that would lead me to believe he would change his public statements, because this is how he's been his entire life. He's never accepted responsibility for anything," he said.

Former U.S. Attorney Barbara McQuade, however, told Newsweek she believes it is too soon to know how Chutkan would sentence Trump.

She said there are a number of factors judges consider when sentencing, with remorse being just one.

"During the course of a trial or at a plea and sentencing hearing, a defendant has an opportunity to offer the court facts that might mitigate their punishment. When imposing sentences, judges look at a number of factors, such as the need to protect the public and promote respect for the law. Remorse is one factor that judges consider, but not the only one," McQuade said.