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Judge Merchan sets sentencing date in Trump hush money case, denies motion to dismiss case

Judge Merchan sets sentencing date in Trump hush money case, denies motion to dismiss case

 


January 3, 2025, 9:11 p.m. UTC/UpdatedJan. November 3, 2025, 9:53 p.m. UTC

By Jordan Rubin

Judge Juan Merchan denied a motion by Donald Trump to dismiss the New York hush money case and set the president-elect's sentencing for January 10.

Merchan said Trump could appear virtually or in person for sentencing and the judge said he was not inclined to sentence Trump to prison. The 34 counts of falsifying business records that Trump was convicted of at trial do not require incarceration.

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 by January 20, 2025, Merchan wrote, citing the date of Trump's upcoming presidential inauguration.

This Court must convict the defendant within a reasonable time after the verdict; and the defendant must be allowed to avail himself of all available appeals, a route which he has made clear he intends to pursue but which only becomes fully available at sentencing, a writes the judge.

Merchan said an absolute discharge sentence appears to be the most viable solution to ensure finality and allow the defendant to pursue his appeal options. Under New York law, an absolute discharge sentence is a sentence imposed without imprisonment, fines, or probation.

In a statement to NBC News, Trump spokesperson Steven Cheung criticized Merchan's order, saying in part: “There should be no convictions, and President Trump will continue to fight these hoaxes until that they are all dead.

Sources

1/ https://Google.com/

2/ https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-sentence-date-january-hush-money-case-rcna186192

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