A judge has ordered that Donald Trump will be sentenced on 10 January in his hush-money case in New York – less than two weeks before he is set to be sworn in as president.
New York Judge Juan Merchan signalled he’d sentence Trump to a conditional discharge, in which a case is closed without jail time, a fine or probation, and that the president-elect could appear in person or virtually for the hearing.
Trump had attempted to use his presidential election victory to dismiss the case against him.
His team criticised the Judge’s decision and said the “lawless” case should be dismissed “immediately”.
The case stems from Trump being convicted in May of 34 felony counts of falsifying business records related to a $130,000 (£105,000) payment to adult film star Stormy Daniels.
The conviction stemmed from Trump’s attempt to cover up reimbursements to his ex-lawyer, Michael Cohen, who in the final days of the 2016 election campaign paid off the adult film star to remain silent about an alleged sexual encounter with Trump.
The president-elect has denied all wrongdoing and pleaded not guilty, arguing the case was an attempt to harm his 2024 presidential campaign.
On Friday, Trump’s spokesperson criticised Judge Merchan’s latest order, adding: “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,” Steven Cheung said.
“There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead.”
In his latest motion against the case, Trump’s defence had argued the case would hang over him during his presidency and impede his ability to govern.
The Judge had been advised there were several measures he could employ that could assuage Trump’s concerns about being distracted by a criminal case while serving as president that fell short of the “extreme remedy” of overturning the jury’s verdict.
Justice Merchan had been weighing his options, which included delaying the sentencing until Trump, 78, leaves the White House in 2029, or guaranteeing a sentence that would not involve prison time.
Trump had initially, and unsuccessfully, argued the case against him ran afoul of a Supreme Court ruling on presidential immunity in his first motion to dismiss the case.
In July, the country’s top court ruled that presidents have broad immunity from criminal prosecution for “official actions” they take while in office.
However, last month Justice Merchan ruled Trump’s hush money conviction was valid.
His sentencing on 10 January will make him the first felon to serve in the White House.
While falsifying business records is punishable by up to four years in prison in the US, there is no minimum sentence and incarceration is not required.
Even before his election victory, legal experts thought it was unlikely Trump would face jail time given his age and his legal record.
Trump had also been charged in three other state and federal criminal cases: one involving classified documents and two relating to his alleged efforts to overturn his loss in the election of 2020.
The president-elect was initially scheduled to be sentenced on 26 November, but Justice Merchan pushed the date back after Trump won the presidential election.
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