President Donald Trump's former lawyer, Michael Cohen testified publicly and under oath to Congress this week.
Following his testimony, President Trump tweeted the following:
Among the claims, the idea that Cohen was testifying "in order to reduce his prison time."
A number of viewers wrote to Verify to ask if that's even possible.
THE QUESTION:
Can someone’s sentence be reduced after the fact - because they testified?
THE ANSWER:
Yes, "Rule 35" which is part of U.S. Code allows for the government to file motions to have a person's sentence reduced if they give beneficial testimony.
WHAT WE FOUND:
Rule 35 is titled "correcting or reducing a sentence."
Part (b) of the text says that within a year of sentencing, "upon the government's motion," a court can rule to reduce a sentence if they gave "substantial assistance in investigating or prosecuting another person."
Additionally, it allows for a sentencing reduction after that first year if the defendant's assistance included:
"(A) information not known to the defendant until one year or more after sentencing;