Sunny Hostin accused Donald Trump of using the presidency to avoid jail time during a recent episode of The View on ABC. The accusation came as the daytime talk show hosts discussed former special counsel Jack Smith’s testimony.
Smith claimed he found evidence that Trump willfully broke the law when investigating Trump keeping classified documents at Mar-a-Lago. Smith stated he found proof beyond a reasonable doubt that Trump engaged in criminal activity.
Co-host Joy Behar questioned why Trump isn’t in jail if Smith has evidence of criminal wrongdoing. Alyssa Farah Griffin responded by pointing out that 75 million people voted for Trump in 2024 despite these allegations. When Behar pressed further about whether anyone is truly above the law, Hostin explained that Department of Justice policy prevents a sitting president from being indicted or prosecuted.
“I really do believe that the reason President Trump ran for the office of presidency again is because he wanted to avoid going to jail,” Hostin said on Jan. 23, 2026.
Smith was forced to drop the case when Trump was reelected in 2024 because of the Justice Department policy. The special counsel had been investigating whether he illegally kept classified documents at his Florida estate.
Sara Haines added that Trump likely hasn’t faced accountability because he has avoided consequences throughout his career. The co-host noted that Trump has been claiming since his initial campaign that he could get away with anything.
The discussion on The View came shortly after Hostin criticized Trump for what she described as deeply unserious and unpresidential behavior. She called Trump an imperialist president and said he wants to colonize every country, referencing Trump’s threats to take Greenland for the United States.
“This is an imperialist president. He wants to colonize everybody, every country,” Hostin warned on the show.
The ongoing tension between The View and the Trump administration escalated when a White House spokesperson suggested the long-running talk show could be ending. The comment came after Behar remarked that Barack Obama is everything Trump is not, praising the former president’s character and demeanor.
Taylor Rogers responded by calling Behar an irrelevant loser with Trump Derangement Syndrome. Rogers noted that The View ratings hit an all-time low last year and suggested the show might be the next to be pulled off the air.
Despite speculation about the show’s future, The View takes a month-long break in August every summer as part of its regular schedule. The daytime talk show returned in September 2025 for a new season and continues to air weekdays on ABC.
Hostin has been particularly vocal about Trump’s policies and rhetoric throughout his presidency. She expressed disgust over what she characterized as Trump using racist and discriminatory language. The View co-host accused the president of targeting specific immigrant groups after Trump targeted Somali immigrants in a cabinet meeting.
The criticism came as immigration enforcement intensified under the Trump administration. Nearly 1,000 people were arrested in one day accused of being in the country illegally, part of what Tom Homan described as necessary consequences to fix border problems.
Ana Navarro joined Hostin in condemning Trump’s immigration rhetoric on Dec. 3, 2025, stating the president repeatedly targets immigrant groups from poor countries that are majority Black or brown. The View hosts called out what they described as hateful and racist language unbecoming of the office of the President of the United States.
The View‘s criticisms have extended beyond immigration policy. On Oct. 21, 2025, Hostin condemned the White House East Wing demolition for a $250 million ballroom project. She described the demolition as a metaphor for what is happening in the country, saying Trump is tearing down the people’s house.
Karine Jean-Pierre has also been among those critical of Trump’s conduct in office.
The ongoing back-and-forth between The View and the Trump administration reflects broader tensions between the president and media outlets that have been critical of his policies and conduct. The daytime talk show, which features co-hosts including Whoopi Goldberg, Joy Behar, Sunny Hostin, Sara Haines, Alyssa Farah Griffin, and Ana Navarro, has become a frequent platform for discussing and debating Trump’s presidency.
The accusations about Trump running for president to avoid prosecution represent one of the more serious criticisms leveled by the show’s hosts. The Department of Justice has maintained a longstanding policy against indicting or prosecuting a sitting president, a protection that would not have applied to Trump had he not won reelection in 2024.
Smith’s investigation into classified documents at Mar-a-Lago represented significant legal threats that were ultimately shelved when Trump returned to office.
The View continues to air new episodes weekdays on ABC.