Trump, sentencing, felon

Trump To Be Sentenced For Hush Money Conviction

Judge signals unconditional discharge, sparing jail time for the convicted felon.


President-elect Donald Trump is set to be sentenced on Jan. 10, with Judge Juan Merchan granting the option to appear in person or virtually.

On Jan. 3, Judge Merchan upheld Trump’s conviction but indicated he was leaning toward sparing him jail time. He referred to the decision as an “unconditional discharge, ” which would make Trump a felon without affecting his freedom.

Although Trump would be a felon by definition of law, carrying the distinction of being the only felon to occupy the White House in American history, an unconditional discharge reportedly carries virtually no penalty for his conviction.

Trump had faced a potential four-year prison sentence but could still appeal Judge Merchan’s decision to uphold the jury’s verdict. The ruling rejected Trump’s argument that his 2024 presidential election victory should overturn his conviction.

According to Judge Merchan’s ruling, “To dismiss the indictment and set aside the jury verdict would not serve the concerns set forth by the Supreme Court in its handful of cases addressing presidential immunity nor would it serve the rule of law.”

Judge Merchan continued, “On the contrary, such (a) decision would undermine the rule of law in immeasurable ways,” adding in his ruling that “the sanctity of a jury verdict” is “a bedrock principle in our nation’s jurisprudence.”

Trump’s spokesperson, Steven Cheung, said in a statement that Trump’s sentencing could potentially become a distraction but did not comment on any plans to appeal Judge Merchan’s ruling.

“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,” Cheung stated. “There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead.”

Trump’s lawyers also invoked the Justice Department’s long-standing precedent not to prosecute sitting presidents and the recent Supreme Court ruling granting presidential immunity in their calls to dismiss the jury’s decision. Judge Merchan also addressed their arguments in his Jan. 3 ruling.

“Binding precedent does not provide that an individual, upon becoming president, can retroactively dismiss or vacate prior criminal acts nor does it grant blanket presidential-elect immunity,” Judge Merchan wrote.

The New York Times reported that no other defendant convicted of the same felony as Trump has received an unconditional discharge. All others faced some combination of jail or prison time, probation, conditional discharges, community service, or fines.

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