January 3rd 2025.
In a surprising turn of events, a judge has set President-elect Donald Trump's sentencing date for January 10th, just over a week before he is set to return to the White House. However, the judge has indicated that Trump will not be facing jail time for his involvement in a hush money case. This development raises the possibility that Trump will become the first president to take office while convicted of felony crimes.
Judge Juan M. Merchan, who presided over Trump's trial, stated in a written decision that he plans to sentence the former and future president to an unconditional discharge. This means that the case will be closed without any jail time, fines, or probation for Trump. The judge also noted that Trump has the option to appear virtually for the sentencing. This decision comes after Merchan weighed the various interests at play, including Trump's ability to govern "unencumbered," the public's expectation of equality under the law, and the need for respect towards the jury's verdict.
Despite Trump's push to have the verdict dismissed and the case thrown out on the grounds of presidential immunity and his impending second term, the judge has rejected these arguments. Merchan stated that there is no legal barrier to sentencing Trump and that it is the court's duty to bring closure to the case before Inauguration Day on January 20th. Trump's communication director has stated that the case should be dismissed and that Trump will continue to fight against what he calls "hoaxes."
Former Manhattan Judge Diane Kiesel commented on the ruling, noting that it cannot be appealed under New York law. However, she believes that Trump may still try to appeal it. Meanwhile, Trump can appeal his conviction, but he cannot do so until after he is sentenced. Kiesel also expressed curiosity as to why it took so long for the judge to make his decision, but she acknowledged the judge's need to ensure that he got it right.
Trump was convicted in May of falsifying business records in relation to a hush money payment made to porn actor Stormy Daniels just before the 2016 election. The payment was made to prevent Daniels from publicizing her claims of having had an affair with Trump. The president has maintained that her story is false and that he did nothing wrong. The judge halted the proceedings after Trump's election victory to allow both the defense and prosecution to weigh in on the case's future.
Trump's lawyers argued for the case to be thrown out, citing the Supreme Court's decision on presidential immunity. However, the judge rejected this argument, stating that it would undermine the rule of law. The judge also asserted that Trump's current status as president-elect does not grant him the same immunity as a sitting president. He further noted that setting aside the verdict and dismissing the case would be drastic and would not address the Supreme Court's concerns about presidential immunity.
If Trump is sentenced as planned, he will become the first former president to be convicted of a crime and the first convicted criminal to be elected to the office. The case revolved around how Trump accounted for reimbursing his personal attorney for the hush money payment to Daniels. Trump's lawyers have argued that the money was paid for legitimate legal services and that the purpose was to protect his family, not to influence the election.
While Trump has faced multiple criminal indictments, the hush money case is the only one to go to trial. Since his election defeat, special counsel Jack Smith has dropped his two federal cases against Trump, while a state-level election interference case in Georgia is currently in limbo after the prosecutor was removed. Trump's lawyers have argued that Smith's decision to dismiss the federal indictments should also lead to the dismissal of the New York hush money case. However, the judge has stated that these are vastly different cases and that the hush money case is in a different stage. Trump's sentencing has been postponed twice at the request of his defense team.
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