New York judge sets Trump’s sentencing in hush money case on January 10 | Donald Trump news

US President-elect Donald Trump is scheduled to face his sentencing hearing Criminal conviction In New York, just days before he was sworn in for a second term in the White House.

On Friday, Judge Juan Merchan issued an 18-page written order calling on Trump to appear, either in person or virtually, on January 10 to receive his sentence.

Merchan also denied what Trump said Try to separate Convicted of 34 counts of falsifying business records in connection with secret payments during his 2016 presidential campaign.

Trump pushed for The conviction was overturnedThis is in light of the success of his election campaign for re-election next November Presidential race. His inauguration is scheduled to take place on January 20, just 10 days after the next hearing.

“Finding no legal impediment to sentencing and recognizing that presidential immunity will likely apply once the defendant is sworn in, this court must determine this issue to impose sentence before January 20, 2025,” Judge Merchan wrote. .

He added that he does not intend to impose a prison sentence in this case.

Instead, he indicated he was considering an “unconditional release” sentence as “the most feasible solution to ensure closure.” This would avoid the imposition of a penalty, including imprisonment or fines.

Trump’s communications director, Stephen Cheung, quickly criticized Judge Merchan’s decision.

“There should be no judgment, and President Trump will continue to fight against these hoaxes until they are all dead,” Cheung said in a statement to the press.

A range of legal issues

Trump has been embroiled in numerous legal cases since his first term ended in January 2021. He has denied any wrongdoing in all of the cases.

And he was among them Four criminal indictments: One for hiding classified documents while out of office, two for trying to overturn the 2020 election, and a fourth for paying hush money.

The big money case centered on the amount of $130,000 paid to pornographic film actress Stormy Daniels, after she claimed that she had an affair with Trump.

Prosecutors succeeded in proving that Trump tried to cover up the amount paid by his former lawyer, Michael Cohen, in order to avoid… Harmful press During the 2016 election season.

The connection to elections has exacerbated the legal risk: falsifying business records is usually just a misdemeanor offense, but can become a felony if the “intent to defraud” is connected to another potential crime.

Trump ultimately won the race in 2016. And in May, he did He was convicted on all 34 counts Falsifying business records. The hush money case was the only one of the four indictments that went to trial and resulted in a conviction.

As Trump takes office again, the fate of the cases against him has become increasingly uncertain.

Jack Smith, the special counsel appointed to lead the two federal cases against Trump, asked the relevant judges to do so Charges dismissed In November.

he He explained That his decision “was not based on the merits or strength of the case,” but rather on Trump’s return To the White House.

By January 20, Trump will be in charge of the Department of Justice, the federal law enforcement agency that appointed Smith. The private investigator said he would resign before that.

Meanwhile, Georgia’s state-level criminal indictment remains mired in appeals and hurdles. In December, A The Court of Appeal ruled That Fulton County District Attorney Fannie Willis is no longer able to lead the case adds another level of uncertainty to its future.

Motions to reject

An additional hurdle emerged in July, when the conservative-leaning Supreme Court issued a decision Broad ruling Concerning presidential immunity. While the court rejected Trump’s claim of “absolute” immunity, it… Did not expand The idea of ​​presidential immunity is outside the constitutional authority of the role.

Anything can be considered The “official” verb. The Supreme Court declared that the president falls under “presumptive immunity.”

But the court left ambiguous what exactly an “official” act is. This issue appeared in the defense team’s motions to dismiss the secret money case in New York.

Judge Merchan clearly addressed this ambiguity in Friday’s decision.

“The fundamental issue before this court is: Whether a president-elect should be afforded the same immunity from prosecution as a sitting president? This case, as far as the court can comprehend, is without precedent,” Merchan wrote.

But ultimately, Merchan decided that presidential immunity did not extend to actions taken outside of office.

“This Court holds that presidential immunity from the criminal proceedings of a sitting president does not extend to a president-elect,” he wrote. “The Constitution stipulates that only the president, after taking the oath, has the power of chief executive, but the elected president does not.”

Merchan also said he was considering the defense’s argument that the president should be free to “protect the interests of the nation, unencumbered by pending criminal proceedings.”

He said he balanced that argument with other “competing factors” including the idea that “no one is above the law” and “the importance of protecting the sanctity of the jury’s verdict.”

“This court is simply not convinced that the first factor outweighs the others at this stage of the proceedings,” Merchan wrote in justifying the sentencing hearing.

A conviction for falsifying business records could have resulted in a sentence of up to four years in prison, although Trump is unlikely to face prison time.