The brash tycoon is tied up in a New York courthouse while Americans gear up for its first presidential rematch since 1956.
Trump is currently on trial over allegations that he falsified business records to cover up a hush money payment to porn star Stormy Daniels.
A verdict could come in June – just months before Americans head to the polls in the general election.
Scaramucci, who served just 11 days as director of communications in July 2017, told The U.S. Sun he doesn’t think Trump will be imprisoned if he’s convicted.
“Biden’s not going to put Trump in jail,” he said.
“If Trump is convicted and loses the election, Biden probably commutes that sentence. I don’t see the guy going to jail.
“They [His rivals] just want them out of the political environment.”
Biden and Trump have hurled jibes at each other while on the campaign trail.
But despite the bad blood, Scaramucci doesn’t believe Biden would have Trump locked up.
This would contrast from Trump who whipped his crowd into a frenzy ahead of the 2016 presidential election when he urged the feds to lock up Hillary Clinton.
“They’re in a club,” Scaramucci said.
“They’re in the president’s club, man. They’re not going to put each other in jail. You just don’t do that here.”
Scaramucci previously told The U.S. Sun he expects Trump would receive a commutation, rather than a pardon if convicted.
He alluded to the aftermath of the Watergate scandal.
Gerald Ford gave his predecessor Richard Nixon a full and unconditional pardon.
Scaramucci noted that Ford’s decision was controversial but allowed Americans to move forward.
“It stopped the divisiveness at that time,” he added.
Scaramucci doesn’t believe a scenario would materialize where Biden would offer Trump a pardon or commutation in return for the bombastic Republican withdrawing from the presidential race.
The trial in Manhattan is related to just one of the four indictments Trump faces.
But Scaramucci warned the case doesn’t look good for Trump and said this could have an electoral impact.
“The case is super bad optics for Trump,” he said.
“He looks exhausted. The case is good for him though when it comes to his base but generally, it’s shrinking his support and it’s losing independents.”
Trump can only receive a presidential pardon or a commutation if he’s convicted in the classified documents case or the federal election subversion case.
Biden cannot pardon the former president or commute his sentence if convicted in the business records or the Georgia election interference cases.
This is because the charges against Trump were issued at the state level.
Daniels’ testimony spanned over six hours across two days as she recalled her first meeting with the tycoon.
Reporters in court said Trump looked irritated as Daniels opened up about the alleged sexual encounter. Trump continues to deny that a sexual encounter occurred.
While in court, Daniels was quizzed whether she was being truthful about the former president.
She said that she was telling the truth.
Daniels told the courtroom that she last spoke to Trump in 2007 and didn’t really understand what he was being charged with.
Trump’s former lawyer Michael Cohen has yet to take the stand. Legal analysts and commentators have said his testimony could be a blockbuster.
Trump has said he would testify, but it’s unclear if he’ll take the stand.
Before Daniels’ testimony, Trump was in hot water with the judge overseeing the case, New York Supreme Court Judge Juan Merchan.
Trump has already been fined $9,000 after violating a court gag order prohibiting him from speaking about witnesses, jurors, prosecutors, and family members of the judge or Manhattan District Attorney Alvin Bragg.
Earlier this week, Merchan threatened that Trump could be sent to jail if he repeatedly violates the gag order.
CASES MOUNT UP
Last summer, Trump was indicted over allegations that he stored classified documents at his Mar-a-Lago home in Florida.
Prosecutors allege that the trove of files was stored in a ballroom, bathroom, an office, and a storage room.
He faces a slew of charges, including 32 counts of unlawful retention of national defense files.
He’s also accused of conspiracy to obstruct justice and withholding a record.
The trial was initially slated for May 20, but Judge Aileen Cannon indefinitely delayed it this week.
Trump was also indicted relating to his alleged role that led to the January 6, 2021, insurrection at the Capitol.
A trial date has not yet been set as justices on the Supreme Court are working out whether an ex-president is allowed sweeping immunity for actions he allegedly took while in the White House.
The Supreme Court’s ruling is expected in June.
This could mean a trial gets underway in either September or October, but legal experts say it’s unlikely to conclude – if it happens at all – before the election.
Prosecutors in Georgia indicted him on attempts to overturn the result of the 2020 election in the state.
Trump denies all charges.
Despite the indictments, an average of polls by Real Clear Politics put Trump narrowly ahead of Biden in terms of the national vote.
Trump also has a lead in the seven swing states, according to the polls.
Biden’s presidential approval rating remains underwater at -17.
The Democrat’s approval ratings have not been in positive territory since August 2021, according to RCP.
Trump, Barack Obama, and George W. Bush all had higher approval ratings at this stage of their respective presidencies.
And 65% of Americans, on average, believe the country is heading in the wrong direction.
Biden and Trump are expected to be their respective parties’ nominees for November’s contest.
A presidential rematch has not been seen since Dwight Eisenhower and Adlai Stevenson locked horns in 1952 and 1956.
Eisenhower comprehensively defeated his challenger on both occasions.
