How many of the “171 Easy Mitigating Factors” might former Prez Trump argue at a federal sentencing?

August 7, 2023

Some recent posts related to former Prez Trump’s legal woes are generating lots of comments; in one thread, one comment stated that it is “probably malpractice for a defense lawyer not to have” the legendary sentencing resource “171 Easy Mitigating Factors (and Counting): Cases Granting, Affirming, Or Suggesting Mitigating Factors.” That resource, authored by Michael R. Levine, provides cites to hundreds of federal precedents suggesting a wide array of grounds for mitigating a sentence. I share the view that any competent federal defense attorney should be using this resource at sentencing (and I have uploaded below the Table of Contents, which includes contact information for the author for those seeking to purchase the full text).

In part because all federal defendants should receive competent representation, I hope former Prez Trump’s lawyers in both of his federal criminal cases make sure they have a copy of “171 Easy Mitigating Factors.” And, in putting this post together, I got to thinking about the question in the title of this post. From a quick scan of the TOC of “171 Easy Mitigating Factors,” I came to the view that quite a significant number of these factors might be potentially applicable in former Prez Trump’s case if he ever actually faces a federal sentencing. Also, I got a a bit of chuckle over how certain “Mitigating Factors” read in light of the Trump prosecutions: might his lawyers someday argue for mitigation because, eg, “defendant is a law abiding citizen who ‘just did a dumb thing'” or “prosecutor’s manipulation of the charges, even if no bad faith” or “defendant is older or elderly and presents less risk of recidivism”?

Though a bit tongue-in-check, I do mean for this post to flag the important reality that former Prez Trump is sure to have lots of significant mitigating arguments to seek to avoid a lengthy prison term (or any prison term) if he is ultimately convicted on any federal charges. Of course, there is a long (and winding?) legal road ahead before any sentencing particulars are to be front and center in his cases. But, even though former Prez Trump is likely one of the rare federal defendants unlikely now to consider any plea deal, it still seems important to note now that his defense attorneys have a reasonable basis to advise the former President that they would have lots of viable mitigating sentencing arguments to make even if he is convicted after a trial.

Download TOC for 171 EASY MITIGATING FACTORS (AUGUST 1 2023)

Some prior related posts: