Trump's sentencing is scheduled for January 10. Here's what could happen next

NEW YORK — Faced with the unprecedented dilemma of how, when or even whether to convict a former and future U.S. president, the judge in President-elect Donald Trump's financial silence case made a dramatic decision that could nonetheless result in the affair has a muted ending.

In a ruling Friday, Manhattan Judge Juan M. Merchan scheduled sentencing 10 days before Trump's inauguration, but the judge indicated he was leaning toward a sentence that would simply close the case without real sanction. He said Trump could attend the Jan. 10 proceedings remotely because of his transition duties.

Still, that would leave Trump returning to the White House with a felony conviction.

Will we get to this? Trump wants the conviction overturned and the case dismissed, and communications director Steven Cheung said the president-elect will continue to fight. But it is difficult to predict what will happen in this unpredictable and unprecedented affair. Here are some key questions and what we know about the answers:

Trump was convicted in May of 34 counts of falsifying his company's records. They related to a $130,000 payment, made through his former personal lawyer in 2016, to prevent porn actor Stormy Daniels from going public with her story of having sex with Trump a decade earlier. He denies her claim and says he did nothing wrong.

Trump's sentencing was initially set for July 11. But at the request of his lawyers, the procedure was postponed twice, finally being set for the end of November, after the presidential election. Then Trump won and Merchan put everything on hold to think about what to do.

Merchan rejected Trump's request to overturn the conviction and the entire case. The judge ordered Trump to appear virtually or in person, at his option, for sentencing on Jan. 10 at 9:30 a.m.

It won't be final until the judge rules it, and he noted that by law he must give prosecutors and Trump the opportunity to rule. The charges carry potential penalties ranging from a fine or probation to up to four years in prison. .

But the judge wrote that the most viable option “appears to be what is called an absolute release. It concludes a case without jail time, fines or probation. But an absolute release leaves the defendant's conviction on the books .

And by law, anyone convicted of a crime in New York must provide a DNA sample to the state's criminal data bank, even if released unconditionally.

It's murky. Appealing a conviction or sentence is one thing, but the ins and outs of challenging other types of decisions during a case are complicated.

Former Manhattan judge Diane Kiesel said that under New York law, Friday's ruling could not be appealed, but that doesn't mean it can't be appealed. wouldn't try. »

Meanwhile, Trump's lawyers are trying to get a federal court to take control of the case. Prosecutors must file a response with the U.S. Court of Appeals for the Second Circuit by Jan. 13, three days after Trump's conviction.

The defense also suggested it would seek intervention from the U.S. Supreme Court if Merchan did not dismiss the case. In a letter to the judge on Nov. 25, Trump's lawyers argued that the U.S. Constitution allows an appeal to the high court because the defense is advancing arguments about presidential immunity.

Much of their argument concerns the Supreme Court's July ruling on this topic, which granted sweeping legal protections to presidents. Trump's lawyers could try to convince the Supreme Court that it must act by getting involved in the hush money case now.

A Trump spokesperson said no decision had been made on whether to challenge Mercans' decision.

They declined to comment on Merchan's decision. They had previously encouraged him to uphold the verdict and offered him options such as delaying sentencing until Trump left office, promising there would be no prison time, or closing the case in noting that he had been found guilty but never sentenced due to presidential immunity. Merchan said he found these ideas untenable.

Yes. But according to the law, he cannot do this until he is convicted.

Not in this case. Presidential pardons only apply to federal crimes. Trump was convicted in a New York state court.

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