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New York judge sets Trump's sentence in secrecy case for January 10 | Donald Trump News

New York judge sets Trump's sentence in secrecy case for January 10 | Donald Trump News

 


United States President-elect Donald Trump faces a sentencing hearing for his criminal conviction in New York, just days before he is sworn in for a second term at the White House.

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

Merchan also denied Trump's attempt to overturn his conviction on 34 counts of falsifying business records in connection with a secret payment made during his 2016 presidential campaign.

Trump had pushed for the conviction to be overturned, in light of his successful campaign for re-election in November's presidential race. His inauguration ceremony is scheduled for January 20, barely 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, it is incumbent on this Court to resolve this issue with a view to imposing sentence before January 20, 2025, Justice Merchan wrote.

He added that he did not intend to impose a prison sentence in the case.

Instead, he indicated that he was considering a sentence of absolute discharge as the most viable solution to ensure finality in the case. This sentence would avoid the imposition of a sanction, including imprisonment or fines.

Trump's communications director, Steven Cheung, quickly blasted Judge Merchan's decision.

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

Judge Juan Merchan poses for a photo in his chambers in New York on March 14, 2024 [Seth Wenig/AP Photo]
A multitude of legal files

Trump has been involved in several legal cases since his first term ended in January 2021. He has denied wrongdoing in all cases.

Among them were four indictments: one for hiding classified documents while out of office, two for attempting to overturn the 2020 election, and a fourth for secret payments.

The hush money case involved $130,000 paid to adult film performer Stormy Daniels after she alleged she and Trump had an affair.

Prosecutors successfully argued that Trump tried to hide the payment, made through his former lawyer Michael Cohen, to avoid harming the press during the 2016 election season.

The connection with the elections increased the legal risk: normally, falsification of commercial documents is only a crime, but it can become a crime if the intention to defraud is linked to another possible crime.

Trump ultimately won the 2016 race. In May, he was convicted on all 34 counts of falsifying business records. The hush money case was the only one of the four indictments to go to trial and result in a conviction.

As Trump is expected to return to office, the fate of the cases against him is becoming increasingly uncertain.

Jack Smith, the special counsel appointed to lead the two federal cases against Trump, asked the judges involved to dismiss the charges in November.

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.

On January 20, Trump will be in charge of the Department of Justice, the federal law enforcement agency that appointed Smith. The special prosecutor said he would resign by then.

Meanwhile, a state-level criminal indictment in Georgia remains mired in appeals and roadblocks. In December, an appeals court ruled that Fulton County Prosecutor Fani Willis could no longer lead the case, adding an additional level of uncertainty about its future.

New York Supreme Court Justice Juan Merchan listens as defense attorney Emil Bove argues on behalf of Donald Trump, April 19, 2024. [Jane Rosenberg/Pool via AP Photo]
Motions to Dismiss

An additional obstacle appeared in July, when the conservative Supreme Court issued a general ruling on presidential immunity. Although the court rejected Trump's claim of absolute immunity, it nonetheless expanded the notion of presidential immunity beyond the role of constitutional authority.

Anything that could be considered an official act of the president fell under presumptive immunity, the Supreme Court said.

But the court left ambiguity about what exactly an official act could be. This issue has emerged in defense teams' motions to dismiss the New York secrecy case.

Judge Merchan explicitly addressed this ambiguity in Friday's ruling.

The primary question before this Court is: Should an elected President be afforded the same protections of immunity from prosecution as a sitting President? This issue, as far as the Court can discern, 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 criminal proceedings for a sitting president does not extend to an elected president, he wrote. The Constitution states that only a president, after taking the oath of office, has the authority of the chief executive, which is not the case with an elected president.

Merchan also said he weighed the defense argument that a president must be free to safeguard the nation's interests, unencumbered by ongoing criminal proceedings.

He said he weighed that argument against 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, Mercan 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 it was unlikely that Trump would have received any prison time.

Sources

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2/ https://www.aljazeera.com/news/2025/1/3/new-york-judge-sets-trumps-sentencing-in-hush-money-case-for-january-10

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