Judge Juan Merchan indicated in a recent ruling that he will not sentence President-elect Donald Trump to any jail time related to his conviction for falsifying business records.
The judge denied Trump’s prior motion to dismiss a jury verdict convicting him of 34 counts of falsifying business records related to alleged “hush money” payments the president-elect made to adult film actress Stormy Daniels during the 2016 campaign.
The sentencing had been delayed numerous times at Trump’s request. Merchan rejected the defense’s claims about presidential immunity, arguing that immunity “from criminal process for a sitting president does not extend to a President-elect” and that Trump “is not permitted to avail himself of the protections afforded to the individual occupying that Office.”
The judge also rejected Trump’s claims of prosecutorial misconduct, jury tampering, and biased rulings, arguing that they were either unsupported or previously litigated.
Nevertheless, Merchan indicated that he will not sentence Trump to any jail time.
BREAKING | NBC News: The judge overseeing Donald Trump's criminal case in New York says it is his inclination not to sentence Trump to any jail time.
— Tom Winter (@Tom_Winter) January 3, 2025
He intends to sentence Trump to an unconditional discharge.
Trump can appear in person or virtually on 1/10.
“While this Court as a matter of law must not make any determination on sentencing prior to giving the parties and Defendant an opportunity to be heard, it seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration, a sentence authorized by the conviction but one the People concede they no longer view as a practicable recommendation.”
Instead, the judge noted, “a sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow Defendant to pursue his appellate options.”
An unconditional discharge is a type of sentence in which a person is found guilty of a crime but not punished with jail time, fines, or other penalties. The conviction will remain on Trump’s record, but no further legal action will be taken against him.
This is a major win for Trump – but it is not surprising. The idea of incarcerating a sitting president would be unprecedented and would likely fail in the courts. With this development, the Democrats’ efforts to weaponize the criminal justice system against the president-elect is crumbling like a house of cards in a blizzard.
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