Trump must be sentenced in hush money case, judge signals no jail By Reuters

By Luke Cohen

NEW YORK, (Reuters) – President-elect Donald Trump will be sentenced on Jan. 10 in a criminal case in which he was found guilty of paying a porn star, but is unlikely to face jail time or other penalties, a judge said on Friday.

Judge Juan Mercan’s decision means Trump will be required to appear in court just 10 days before his inauguration on January 20, an unprecedented scenario in U.S. history for

The judge said Trump, 78, could appear at his sentencing either in person or virtually.

He wrote that he was not inclined to sentence Trump to prison and that a sentence of “unconditional release,” meaning jail time, a fine or probation, would be the “most viable option.”

The case stems from Trump’s former lawyer Michael Cohen paying adult film actor Stormy Daniels $130,000 to keep quiet about a sexual encounter with Trump, which he denies.A jury in May found Trump guilty of the payments before the 2016 election in falsifying records to cover up.

The imposition of the sentence will pave the way for Trump to appeal. Merchan acknowledged in his ruling that Trump had made it clear he intended to appeal.

In a post on his Truth social network early Saturday morning, Trump said he has never falsified business records.

“It is a false, trumped-up charge by a corrupt judge who is simply doing the work of the Biden/Harris Department of Injustice,” Trump wrote. “He created a case where there was none.”

Merchan announced his sentencing plan, denying Trump’s motion to dismiss the case because of his presidential victory. Trump’s defense attorneys argued that hanging the case during his presidency would interfere with his ability to govern.

Merchan rejected that argument, writing that setting aside the jury’s verdict would “immeasurably undermine the rule of law.”

“Defendant’s status as president-elect does not require a drastic and ‘infrequent’ exercise of (the court’s) jurisdiction to grant the petition,” Merchan wrote in the decision.

Merchan also rejected Trump’s argument in court on Dec. 3 that impeachment was warranted because his “civic and financial contributions to this city and nation are too numerous to count.”

Acknowledging Trump’s service as president, the judge said Trump’s public statements criticizing the justice system were also a factor for him in determining how Trump’s character would factor into the decision.

Merchan criticized what he called Trump’s “relentless and unwarranted attacks” on the integrity of the criminal trial and noted that during the trial he was found guilty of 10 counts of contempt for repeatedly violating an order restricting out-of-court witness testimony. and others.

“The defendant has gone to great lengths to spread his lack of respect for judges, juries, grand juries and the justice system as a whole on social media and other forums,” Merchan wrote.

“It is necessary to analyze the character and history of the defendant in relation to the OEK and the third branches of the government,” said the judge, referring to the judiciary. “In that sense, it does not weigh in his favor.”

“Extreme Measure”

In May, a Manhattan jury indicted Trump on 34 counts of falsifying business records to hide the payment to Daniels. He pleaded not guilty and called the case against Manhattan District Attorney Alvin Bragg, the Democratic prosecutor who brought the charges, to damage his 2024 campaign. :

Trump’s sentencing was originally scheduled for July 11, 2024, but has been pushed back several times. Merchan said Thursday that Trump’s request in August that sentencing be delayed until after the election implied he had agreed to a transitional sentence.

“Any claim the defendant may have that circumstances have changed as a result of the defendant’s victory in the presidential election, while convenient, is disingenuous,” Merchan wrote.

Bragg did not object to a delay in sentencing until the election. Merchan pushed it back to November 26 in September.

After Trump defeated Democratic Vice President Kamala Harris in the Nov. 5 election, a judge delayed the ruling indefinitely to determine next steps.

Bragg’s office argued that there was no “extreme measure” of overturning the jury’s verdict that would ease Trump’s concerns about being prosecuted while the president is in office, such as delaying sentencing until after Trump leaves the White House in 2029. .

Merchan wrote Thursday that he found that alternative “less desirable” than condemning Trump before the inauguration.

PRESIDENTIAL IMMUNITY

On December 16, Trump lost a separate bid to overturn the money judgment in light of a July 1 U.S. Supreme Court ruling that presidents cannot be prosecuted for their official acts and that evidence of their official acts cannot be introduced in criminal cases. . personal conduct.

In denying Trump’s impeachment motion, Merchan said “prosecutions for determined personal acts of falsification of business documents do not threaten to intrude on the powers and functions of the executive branch.”

Falsifying business records is punishable by up to four years in prison, but no jail time is required.Before his election victory, legal experts said it was unlikely Trump would be barred because of his criminal record. due to absence and old age.

Trump was indicted in three other state and federal criminal cases in 2023; one related to classified documents he kept after leaving office, and the other two related to his efforts to overturn his defeat in the 2020 election.

He pleaded not guilty in all three cases. After Trump’s election victory, the Department of Justice dismissed two federal cases.

Trump’s state criminal case in Georgia on charges related to his efforts to overturn his 2020 election loss in that state is in limbo.