A New York judge overseeing President-elect Donald Trump’s hush money case set the sentencing date for January 10, just 10 days before his inauguration, and expressed reluctance to impose jail time.
Judge Juan Merchan stated that Trump could attend the sentencing either in person or virtually.
In his 18-page ruling, Judge Merchan upheld Trump’s conviction by a New York jury and rejected various motions by Trump’s legal team seeking to have the verdict overturned.
The judge indicated that, rather than imposing jail time, he was considering an unconditional discharge, meaning no conditions would be placed on Trump.
This decision means Trump will take office as a convicted felon, despite the potential for a prison sentence of up to four years.
However, legal experts did not expect the judge to sentence Trump to jail, even before he won the November presidential election.
“It seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration,” Judge Merchan remarked, adding that prosecutors also did not find a jail term to be a “practicable recommendation.”
Trump is expected to appeal, which could delay his sentencing.
In May, Trump was convicted on 34 counts of falsifying business records to conceal a hush money payment to porn star Stormy Daniels, aimed at preventing her from disclosing a 2006 sexual encounter ahead of the 2016 election.
Trump’s defense team argued that the case should be dismissed, citing the Supreme Court’s decision in 2024 that granted former U.S. presidents sweeping immunity from prosecution for certain acts committed during their time in office.
Judge Merchan rejected this argument, noting that Trump will regain immunity from prosecution once sworn in as president.
“Finding no legal impediment to sentencing and recognizing that Presidential immunity will likely attach once Defendant takes his Oath of Office, it is incumbent upon this Court to set this matter down for imposition of sentence prior to January 20, 2025,” the judge explained.
Trump’s spokesperson, Steven Cheung, condemned the ruling, calling it a “direct violation of the Supreme Court’s Immunity decision and other longstanding jurisprudence.”
“This lawless case should have never been brought and the Constitution demands that it be immediately dismissed,” Cheung declared. “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.”
Trump also faces two federal charges from special counsel Jack Smith, but both cases were dropped under a Justice Department policy that prevents prosecuting a sitting president.
These cases accused Trump of attempting to overturn the results of the 2020 election and mishandling top-secret documents after leaving office.
In addition, Trump faces racketeering charges in Georgia related to his alleged efforts to overturn the 2020 election results in the state, but that case will likely be paused during his tenure as president.
