Judge orders Trump to be sentenced in hush money case on Jan. 10, but says he won't be incarcerated

The judge presiding over the hush money case against President-elect Donald Trump on Friday rejected his attempt to dismiss the case and said he would sentence him on January 10, ten days before he is inaugurated as the 47th president .

Judge Juan Merchan said Trump could appear in person or virtually for sentencing and would not order his imprisonment.

Although this Court, as a matter of law, should not make a decision on sentencing before giving the parties and defendants an opportunity to be heard, it seems appropriate at this stage to make known the willingness of the courts not to impose any sentence of incarceration, a sentence authorized by conviction, but which the People admit they no longer consider to be a feasible recommendation, the judge wrote in his decision.

Merchan said that “an unconditional release sentence appears to be the most viable solution to ensure finality and allow the defendant to pursue his appeal options,” but he would not grant Trump's request to overturn the verdict.

“Here, 12 jurors unanimously found the defendant guilty of 34 counts of falsifying business records with intent to defraud, including intent to commit or conceal a conspiracy to promote a presidential election by illegal means,” he wrote.

Trump was convicted in May of 34 counts of falsifying business records related to a hush money payment that his then-lawyer, Michael Cohen, paid to adult film star Stormy Daniels in the final days of the 2016 presidential election.

“To overturn this verdict on the grounds that the charges are not sufficiently serious given the position the accused once occupied and is about to assume again, would constitute a disproportionate result and cause immeasurable harm to citizens' confidence in the rule of law,” the judge said. wrote.

NBC News has reached out to a spokesperson for the president-elect for comment.

This is a developing story. Please check again for updates.

Dareh Gregorian

Dareh Gregorian is a political reporter for NBC News.

Tom Winter

Tom Winter is a New York-based correspondent who covers crime, courts, terrorism and financial fraud on the East Coast for the NBC News Investigative Unit.

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