Former President Donald Trump will face sentencing in his hush money case just 10 days before his scheduled inauguration as president on January 20, according to a decision by New York Judge Juan Merchan on Friday. Trump, who became the first former U.S. president to be convicted of a crime, has the option to appear in person or virtually at the January 10 sentencing.
Judge Merchan revealed that he is not inclined to impose jail time on Trump. “It seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration,” Merchan stated, noting that even prosecutors did not see jail time as a “practicable recommendation.” Instead, Merchan is leaning toward an unconditional discharge, which would leave Trump free of any conditions despite being a convicted felon.
Conviction Upheld Despite Challenges
The sentencing follows Merchan’s decision to uphold Trump’s conviction on 34 counts of falsifying business records. Trump was found guilty in May of covering up a hush money payment to adult film star Stormy Daniels ahead of the 2016 election to silence her allegations of a 2006 sexual encounter with him.
Trump’s legal team had attempted to have the conviction dismissed on various grounds, including a claim that former presidents have broad immunity from prosecution for official acts, citing a Supreme Court ruling. Merchan rejected these arguments but acknowledged that Trump would regain immunity from prosecution after being sworn in as president.
“Finding no legal impediment to sentencing and recognizing that Presidential immunity will likely attach once Defendant takes his Oath of Office, it is incumbent upon this Court to set this matter down for imposition of sentence prior to January 20, 2025,” the judge wrote in his decision.
Trump’s Spokesperson Condemns Decision
Steven Cheung, a spokesperson for Trump, criticized the judge’s decision to proceed with sentencing, calling it a violation of the Supreme Court’s immunity ruling. “This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed,” Cheung said in a statement.
He further accused the legal proceedings of being politically motivated. “President Trump must be allowed to continue the Presidential Transition process and to execute the vital duties of the presidency, unobstructed by the remains of this or any remnants of the Witch Hunts,” he said, adding that Trump would continue to fight against the charges.
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Broader Legal Battles
Trump’s legal troubles extend beyond the hush money case. While two federal cases, including one alleging his involvement in overturning the 2020 election and another concerning classified documents, were dropped due to Justice Department policies against prosecuting a sitting president, other charges remain active.
In Georgia, Trump faces racketeering charges over alleged attempts to interfere with the 2020 election results in the state. However, that case is expected to be frozen during his presidency.
As Trump prepares to return to the White House under the shadow of legal battles, his sentencing on January 10 will mark another historic moment in his unprecedented political career. For now, the possibility of an unconditional discharge means Trump could take office as a convicted felon but without the weight of incarceration looming over him.