A New York judge has set President-elect Donald Trump’s sentencing date for January 10, following his conviction on 34 felony counts of falsifying business records. The case stems from a hush money payment made to porn actor Stormy Daniels during Trump’s 2016 presidential campaign. Judge Juan Merchan denied Trump’s request to dismiss the case entirely to accommodate his duties as the incoming president, but signaled his intent to impose no incarceration, citing concerns over presidential immunity.
In a detailed ruling, Judge Merchan suggested that an unconditional discharge — leaving the conviction intact but imposing no punishment — would be the most appropriate outcome. He also confirmed that Trump could appear virtually at the sentencing, minimizing disruptions to the presidential transition process.
“While this Court as a matter of law must not make any determination on sentencing prior to giving the parties and Defendant an opportunity to be heard, it seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration,” Merchan wrote.
A Historic Verdict
The jury’s decision in May made Trump the first U.S. president-elect to be convicted of a felony. Jurors found him guilty of falsifying business records to cover up a payment by his former attorney, Michael Cohen, to Daniels in exchange for her silence about an alleged affair. Trump has denied the affair and maintained that the charges are politically motivated.
Merchan underscored the significance of preserving the jury’s verdict, calling it a cornerstone of the justice system. “The sanctity of a jury verdict and the deference that must be accorded to it is a bedrock principle in our Nation’s jurisprudence,” he wrote.
Trump’s Legal Maneuvers
Trump’s legal team has consistently argued that the case should be dismissed due to his unique status as president-elect, citing the Supreme Court’s recognition of presidential immunity. Steven Cheung, a spokesperson for Trump, criticized Merchan’s ruling as “lawless” and unconstitutional.
“This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed,” Cheung said. “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.”
Prosecutorial Challenges
The case against Trump was one of four criminal prosecutions he faced in 2023. Special Counsel Jack Smith dropped federal charges related to election subversion and classified documents after Trump’s election victory, and a Georgia case over election interference remains uncertain following a court’s disqualification of Fulton County District Attorney Fani Willis.
Manhattan District Attorney Alvin Bragg, who prosecuted the hush money case, had suggested treating Trump’s case as if he had died to resolve the legal complications. Trump’s attorneys dismissed the proposal as “absurd.”
A Virtual Appearance
Merchan defended his decision to proceed with sentencing, emphasizing that the process could be conducted with minimal disruption to the president-elect’s duties. “Scheduling sentence is a function that remains exclusively within the purview of the trial judge,” he noted.
As Trump prepares to assume the presidency, the decision leaves him as the first felon to take the oath of office. His legal team continues to explore appeals, leaving open the possibility that the conviction could still be overturned.
