Justice Juan Merchan's ruling means Trump will be required to appear at a court hearing just 10 days before his Jan. 20 inauguration - an unprecedented scenario in U.S. history. Before Trump, no U.S. president - former or sitting - had been charged with or convicted of a crime.
He wrote that he was not inclined to sentence Trump to jail, and that a sentence of “unconditional discharge” - meaning no custody, monetary fine, or probation - would be “the most viable solution.”
In a statement, Trump spokesperson Steven Cheung said there should be no sentencing in the case.
Merchan announced his plan for the sentencing in denying Trump's motion to dismiss the case due to his presidential election victory. Trump's defense lawyers had argued that having the case hang over him during his presidency would impede his ability to govern.
“Defendant’s status as President-elect does not require the drastic and ‘rare’ application of (the court’s) authority to grant the (dismissal) motion,“ Merchan wrote in the decision.
While acknowledging Trump's service as president, the judge said Trump's public statements excoriating the justice system were also a factor for him in determining how Trump's character would factor into the decision.
“Defendant has gone to great lengths to broadcast on social media and other forums his lack of respect for judges, juries, grand juries and the justice system as a whole,“ Merchan wrote.
'EXTREME REMEDY'
A Manhattan jury in May found Trump guilty of 34 counts of falsifying business records to cover up the payment. He had pleaded not guilty and called the case an attempt by Manhattan District Attorney Bragg, the Democratic prosecutor who brought the charges, to harm his 2024 campaign.
“Any claim Defendant may have that circumstances have changed as a result of Defendant’s victory in the Presidential election, while convenient, is disingenuous,“ Merchan wrote.
After Trump defeated Democratic Vice President Kamala Harris in the Nov. 5 election, the judge delayed the sentencing indefinitely to figure out next steps.
Merchan wrote on Thursday he found that alternative “less desirable” than sentencing Trump before the inauguration.
Trump on Dec. 16 lost a separate bid to toss the hush money conviction in light of the U.S. Supreme Court's July 1 decision that presidents cannot be criminally prosecuted over their official actions, and that evidence of their official actions cannot be presented in criminal cases over personal conduct.
Falsifying business records is punishable by up to four years in prison, but incarceration is not required. Before his election victory, legal experts said it was unlikely Trump would be locked up due to his lack of a criminal history and advanced age.
He pleaded not guilty in all three cases. The Justice Department moved to dismiss the two federal cases after Trump's election victory.
Trump's state criminal case in Georgia over charges stemming from his effort to overturn his 2020 election loss in that state is in limbo.
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