Judge Schedules Sentencing for Donald Trump Ahead of Inauguration, Suggests Unconditional Discharge
A New York judge has scheduled the sentencing for former President Donald Trump in connection with the hush money case for January 10, just 10 days before his inauguration. This groundbreaking case marks Trump as the first former president ever to be found guilty of a crime. Judge Juan Merchan has indicated that he is unlikely to impose jail time, suggesting instead an unconditional discharge, which would mean Trump would not be subject to any conditions following the sentence.
Despite facing potential penalties of up to four years in prison, legal experts had anticipated that Judge Merchan would opt against incarceration. The judge stated that the court was inclined to avoid imposing a prison sentence, a stance that aligns with prosecutors who also did not advocate for incarceration.
Trump’s conviction, which occurred in May, involved 34 counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels on the eve of the 2016 election. This payment was intended to prevent her from disclosing an alleged sexual encounter from 2006. Trump’s legal team sought to have the case dismissed on several grounds, including a recent Supreme Court ruling that provides former presidents with broad immunity from prosecution for actions taken while in office. However, Judge Merchan dismissed that argument, pointing out that Trump would likely secure immunity from prosecution once he takes the Oath of Office.
“This Court is obligated to schedule sentencing ahead of January 20, 2025, given that Presidential immunity will likely apply after the defendant is inaugurated,” Judge Merchan said in his 18-page decision.
Trump’s spokesperson, Steven Cheung, criticized the decision, claiming it violated the Supreme Court’s ruling on immunity. Cheung described the case as “lawless” and insisted that it should have never been pursued, stating that the Constitution necessitates its immediate dismissal. He also stressed that Trump should be allowed to proceed with the presidential transition and fulfill the essential duties of the presidency without obstruction from what he referred to as “witch hunts.”
In addition to the state case, Trump is also facing two federal cases led by Special Counsel Jack Smith; however, both cases were previously dropped under a long-standing Justice Department policy prohibiting the prosecution of a sitting president. The federal cases involve accusations of attempting to overturn the results of the 2020 election and mishandling sensitive documents after leaving the White House. Additionally, Trump faces racketeering charges in Georgia linked to alleged efforts to alter the state’s election outcomes, but that case is expected to be halted while he serves as president.
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