In a rare legal move, Judge Juan M. Merchan scheduled President-elect Donald Trump’s sentencing in his hush money case for January 10, just 10 days before Trump’s inauguration, while signaling he will impose no jail time.
Merchan, who oversaw Trump’s trial, indicated in a written decision that he plans to sentence the former and future president to a conditional discharge, a resolution where the case is dismissed if the defendant avoids rearrest.
Trump’s legal troubles stem from his May conviction on 34 counts of falsifying business records. The charges relate to an alleged scheme to conceal a $130,000 hush money payment to adult film actress Stormy Daniels in the final weeks of Trump’s 2016 campaign. The payment was allegedly made to prevent Daniels from publicizing claims of a past sexual encounter with Trump, which he has denied, asserting her story is false and that he committed no wrongdoing.
The timing of the sentencing adds another layer of complexity to an unprecedented case involving a sitting president-elect.
Following Trump’s reelection on November 5, Merchan halted proceedings and postponed sentencing indefinitely, allowing both the defense and prosecution to present their arguments on how to proceed given Trump’s impending presidency.
Trump’s legal team argued for the case to be dismissed, citing concerns that the conviction could cause unconstitutional disruptions to the president-elect’s ability to govern.
Prosecutors, while acknowledging the need for accommodations due to Trump’s upcoming role as president, insisted that the conviction remain intact.
Prosecutors presented several options, including freezing the case during Trump’s term or guaranteeing a no-jail sentence. They also floated an unconventional resolution: formally closing the case while maintaining a record of Trump’s conviction and pending appeal. This approach is inspired by procedures in some state courts for defendants who die while appealing their cases.
Judge Merchan’s decision to impose a conditional discharge avoids immediate incarceration and allows Trump to assume office on January 20 without the looming threat of imprisonment. However, the conviction will likely remain a contentious issue as Trump begins his second term.
Trump’s legal team has not indicated whether they will continue to pursue appeals or seek additional remedies to clear the conviction.
AP
