In a recent opinion piece on Fox News, columnist Andrew McCarthy has suggested that former President Donald Trump might not actually serve time in prison, even if he is handed a custodial sentence for falsifying business records. McCarthy, a senior fellow at the National Review Institute and former assistant U.S. attorney for the Southern District of New York, believes that Judge Juan Merchan's upcoming sentencing of Trump is more about political labeling and influencing the upcoming election rather than actual incarceration.

Trump, who became the first U.S. president to be convicted of a crime following a New York jury's guilty verdict on 34 felony counts of falsifying business records in May, had vehemently denied all charges and claimed he was a victim of political persecution. Despite the conviction, McCarthy argues that Trump is likely to be released on bail pending appeal, thus avoiding actual imprisonment.

Merchan, who oversaw the hush money trial and will be delivering Trump's sentence on September 18, is viewed by McCarthy as a key player in helping Vice President Kamala Harris and the "media-Democratic complex" portray Trump as a convicted felon sentenced to prison just weeks before the November election. The timing, according to McCarthy, is aimed at influencing voters during a critical period of early voting in states like Pennsylvania.

While Trump's legal team had argued for immunity based on Supreme Court decisions regarding presidential acts committed in office, McCarthy speculates that Merchan will deny such immunity and impose a prison sentence. However, the columnist believes that this is all part of a political game, with Merchan knowingly imposing a substantial sentence that will likely be overturned on appeal.

Legal experts, on the other hand, have differing opinions regarding the likelihood of Trump serving a prison sentence. Syracuse University law professor Gregory Germain believes that a records violation, being a nonviolent Class E felony and Trump's first offense, is unlikely to result in imprisonment. Germain suggests that a sentence of probation is more probable and warns that imprisoning a presidential candidate before an election could trigger a "constitutional crisis."

As the September 18 sentencing date approaches, the focus will be on Judge Merchan's ruling on Trump's immunity claim. The courtroom drama surrounding Trump's legal battles continues to captivate the nation, raising questions about the intersection of justice and politics.

It is important to note that Trump's legal team has not yet commented on the situation.