A judge has scheduled Donald Trump’s sentencing for 10 January in his hush-money case in New York, which will occur less than two weeks before his presidential inauguration.
Justice Juan Merchan of New York indicated he would neither sentence Trump to jail, probation, nor impose a fine, but would instead grant an “unconditional discharge.” He noted in his order that the president-elect could choose to attend the hearing either in person or virtually.
Trump tried to use his recent presidential election win to get the case dismissed. The president-elect has denounced the judge’s order on social media as an “illegitimate political attack” and labeled the proceedings “nothing but a rigged charade.”
In May, Trump was found guilty on 34 felony counts of falsifying business records connected to a $130,000 payment to adult-film star Stormy Daniels.
These charges stem from efforts to conceal payments reimbursing his former lawyer, Michael Cohen, who paid Daniels during the final stretch of the 2016 election campaign to keep quiet about an alleged sexual encounter with Trump.
The president-elect has consistently denied any misconduct and entered a not guilty plea, claiming the case was designed to undermine his 2024 presidential campaign.
On his Truth Social platform, Trump argued on Saturday that the judge’s sentencing decision “goes against our Constitution and, if allowed to stand, would be the end of the Presidency as we know it.”
Trump’s spokesperson, Steven Cheung, earlier described the order as part of a “witch hunt.”
“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 said.
“There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead.”
In his recent legal challenge, Trump contended that the case would overshadow his presidency and hinder his administrative capabilities.
Justice Merchan acknowledged he could consider several actions that might alleviate Trump’s concerns about the criminal case interfering with his presidential duties, without resorting to the “extreme remedy” of overturning the jury’s decision.
His alternatives included postponing the sentencing until after Trump, aged 78, concludes his term in 2029, or assuring a sentence that excludes prison time.
Trump initially contended, to no avail, that the case violated a Supreme Court decision regarding presidential immunity.
In July, the Supreme Court determined that presidents have extensive immunity from criminal prosecution for their “official actions” while in office.
However, last month, Justice Merchan affirmed that Trump’s conviction for hush money was valid.
Trump is poised to be the first convicted felon to assume the presidency. He may seek to appeal the conviction following the sentencing.
While falsifying business records carries a maximum of four years in prison in the US, the law mandates no minimum sentence, and imprisonment is not obligatory.
Even before his electoral triumph, legal analysts speculated that it was improbable Trump would serve prison time given his age and legal history.
Trump also faces charges in three other state and federal criminal cases involving classified documents and his alleged attempts to reverse his 2020 election defeat.
Originally, the president-elect was due to be sentenced on 26 November, but Justice Merchan delayed the sentencing following Trump’s election victory.
