NEW YORK — The unprecedented situation of sentencing a former and future president has led to a significant ruling from Manhattan Judge Juan M. Merchan regarding Donald Trump’s hush money case. On Friday, the judge designated the sentencing date for just 10 days prior to Trump’s inauguration. However, he suggested that the outcome may be a resolution that doesn’t impose any substantial punishment. The judge has allowed Trump the option to attend the sentencing virtually due to his responsibilities during the transition.
If the process remains unchanged, Trump would leave for the White House carrying a felony conviction. Trump is making efforts to have the conviction overturned and the case dismissed, as stated by his communications director Steven Cheung, who assured that they will “keep fighting.” The future remains unpredictable, leading to several pressing questions with available insights.
To recap, why is Trump awaiting sentencing? Trump was found guilty in May on 34 counts of felony falsification of business records. These charges were linked to a $130,000 payment made in 2016, through his former attorney, aimed at preventing adult film actress Stormy Daniels from revealing her claims of having had an affair with Trump a decade earlier. Trump denies her allegations and maintains his innocence.
Initially, sentencing was scheduled for July 11, but at the request of Trump’s legal team, it faced two postponements. The new date was set for late November, post the presidential election, after Trump’s victory caused Merchan to reevaluate the next steps.
What did the judge order? Judge Merchan denied Trump’s motion to dismiss both the conviction and case. He has mandated that Trump appear for sentencing at 9:30 a.m. on January 10, whether in person or virtually.
What will Trump’s sentence entail? Although the final designation will be made by the judge after hearing arguments from both sides, the charges carry consequences ranging from potential fines or probation to a maximum of four years in prison. However, the judge hinted that an unconditional discharge—which would resolve the case without incarceration, fines, or probation—appears to be the most probable option. This would result in Trump’s felony conviction remaining on record, and under New York law, he would still need to provide a DNA sample for the state database.
Can Trump appeal to halt the sentencing? The situation is complex. While appealing a conviction or sentence is more straightforward, disputing other decisions can be convoluted. Former Judge Diane Kiesel explained that Friday’s ruling is not open to appeal by New York law, but that doesn’t mean Trump won’t attempt it. His legal team is seeking to have a federal court take jurisdiction over the case, with responses required by the U.S. 2nd Circuit Court of Appeals by January 13, shortly after the scheduled sentencing.
Additionally, Trump’s lawyers have indicated they might seek intervention from the U.S. Supreme Court should Merchan refuse to dismiss the case. They argue that the Constitution allows for an appeal due to claims of presidential immunity. Their argument aligns with a significant Supreme Court decision made in July that granted presidents certain legal shields, possibly persuading the Court to engage in the hush money situation.
What is the prosecutors’ stance? They opted not to comment on the recent ruling but had earlier encouraged Merchan to uphold his verdict. They suggested delaying sentencing until after Trump left office, ensuring no jail punishment, or resolving the case by acknowledging his conviction without sentencing due to presidential immunity. However, Merchan deemed those options unacceptable.
Can Trump appeal his conviction? Indeed, but legally, he cannot pursue this course until after the sentencing occurs.
Could Trump self-pardon if he becomes president? In this instance, no. Presidential pardons only apply to federal offenses, and since Trump was convicted in a New York state court, this option is not available to him.
