Former U.S. President Donald Trump leaves the courthouse after a jury found him guilty of all 34 crimes in his criminal trial in the New York State Supreme Court in New York on May 30, 2024.
Justin Lane | Via Reuters
A judge on Friday rejected a request to dismiss New York's hush-money case against President-elect Donald Trump and set Trump's sentencing for Jan. 10 – less than two weeks before he is set to be sworn in for a second term in the White House.
Manhattan Supreme Court Justice Juan Merchan also said in a written order that he was not inclined to sentence Trump to prison in the case and that he might impose an unconditional parole sentence. That would mean there would be no probation or fine for the president-elect.
Merchan also said Trump has the option to appear for sentencing next week in person or virtually.
In his ruling, the judge rejected arguments from Trump's lawyers that the case should be dismissed because of a U.S. Supreme Court ruling last summer that gave presidents presumptive immunity from prosecution for official acts while in the White House and because of precedence the Constitution Clause.
Trump's lawyers also argued that the Manhattan district attorney's office targeted him for political motives and improperly leaked information about their investigation.
Trump was convicted in May of 34 counts of falsifying business records related to a $130,000 hush-money payment that his then-personal attorney Michael Cohen made to porn star Stormy Daniels before the 2016 presidential election.
“This Court finds that the immunity of the sitting President from criminal proceedings does not extend to an elected President,” Merchan wrote in his ruling Friday.
The judge also wrote: “Although as a matter of law this court cannot make a decision on sentencing before the parties and defendants have been given an opportunity to be heard, “It seems appropriate at this point to express the Court's intention not to impose a term of imprisonment, a sentence which, although approved by the conviction, the People admit they no longer consider to be a practical recommendation,” Merchan wrote on Friday.
The judge also wrote that “a judgment of unconditional discharge appears to be the most practical solution to ensure finality and allow the defendant to pursue his appeal options.”
Trump spokesman Steven Cheung said in a statement: “Today's order by the deeply controversial sitting Judge Merchan on the Manhattan DA Witch Hunt is a direct violation of the Supreme Court's immunity decision and other longstanding case law.”
“This unlawful case should never have been brought and the Constitution demands that it be dismissed immediately,” Cheung said. “President Trump must be able to continue the presidential transition process and carry out the vital duties of the presidency without being hampered by the remnants of this or any remnants of the witch hunts. There should be no condemnation, and President Trump will continue to fight it.” Fake news until they’re all dead.
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