Judge to impose sentence on Trump prior to inauguration in hush money case

A New York judge overseeing President-elect Donald Trump’s hush money case has scheduled his sentencing for January 10, just 10 days before his inauguration on January 20, and indicated that he was unlikely to impose a jail sentence.

Judge Juan Merchan stated that Trump, the first former president to be convicted of a crime, could attend the sentencing either in person or virtually. In an 18-page ruling, Merchan upheld Trump’s conviction by a New York jury and rejected several motions from Trump’s defense team that sought to have the conviction overturned.

The judge signaled that instead of jail time, he was inclined to grant an unconditional discharge, meaning Trump would face no additional conditions. However, the sentence would still result in Trump entering the White House as a convicted felon.

While Trump, 78, potentially faced up to four years in prison, legal experts had not expected Merchan to sentence him to jail, even before his successful bid for the presidency. Merchan stated that both the court and prosecutors felt that a jail sentence was not a “practicable recommendation.”

Trump, who is expected to appeal the ruling, denounced the decision on Friday, calling it a "rigged charade" on his Truth Social platform. He criticized Merchan as a "radical partisan" and argued that the order was unlawful, claiming it violated the Constitution and would destroy the presidency as it is known.

In May, Trump was convicted in New York on 34 counts of falsifying business records to conceal a hush money payment to adult film star Stormy Daniels ahead of the 2016 election to prevent her from revealing a claimed 2006 sexual encounter.

Trump’s legal team had sought to dismiss the case, citing a Supreme Court ruling from the previous year that granted former presidents broad immunity from prosecution for actions taken while in office. Merchan dismissed this argument but noted that once Trump is sworn in, he will be immune from prosecution for acts committed during his presidency.

The judge emphasized that while Trump may receive presidential immunity after taking office, the court was obligated to schedule the sentencing prior to January 20, 2025.

Trump's spokesman, Steven Cheung, condemned the decision, calling it a violation of the Supreme Court’s immunity ruling and other legal precedents. Cheung argued that the case should have never been brought and called for its immediate dismissal, stating that Trump must be allowed to proceed with his presidential duties without obstruction from ongoing legal challenges.

In addition to the New York case, Trump is facing two federal charges brought by special counsel Jack Smith, which were dropped due to a longstanding Justice Department policy of not prosecuting sitting presidents. These charges related to Trump’s efforts to overturn the 2020 election results and his handling of classified documents after leaving office. Trump also faces racketeering charges in Georgia over his alleged attempts to influence the state's election results, but that case will likely be put on hold while he serves as president.