Trumps Hush Money Sentencing Happens Today: What to Expect

Top line

President-elect Donald Trump will be sentenced Friday in his hush money criminal case after the Supreme Court refused to stay it. This is the first-ever conviction of a former president on criminal charges. but certain of not being sentenced to prison. (Update: Trump was convicted and released unconditionally, meaning he is now officially a convicted felon, but will not face any punishment.)

Former President Donald Trump leaves the courtroom after the first day of jury selection… [+] at Manhattan Criminal Court on April 15, 2024 in New York.

Getty Images Key Facts

Trump's sentencing is scheduled for Jan. 10 at 9:30 a.m. ET, after Manhattan-based Judge Juan Merchan issued an order Jan. 3 setting Trump's sentence and denying Trump's request. President-elect asking Merchan to overturn the guilty verdict.

The Supreme Court late Thursday rejected Trump's latest request to stay sentencing, voting 5-4, with conservative Justices Amy Coney Barrett and John Roberts siding with the three liberal justices.

The high court said the hearing did not need to be suspended because Trump's argument for why the verdict should be thrown out can be heard through the normal appeals process, and the determination of the sentence will impose a relatively insignificant burden on Trump since Merchan has indicated he will impose it. no penalty.

The New York Court of Appeals, the state's highest court, also refused to halt Trump's conviction Thursday morning, as the president-elect went to court after Merchan and a judge from New York appeal refused to stay the sentence while Trump appealed two orders issued by Merchan affirming. the guilty verdict.

A jury found Trump guilty of 34 counts of falsifying business records related to payments made to Stormy Daniels, each punishable by up to four years in prison and/or a fine of up to up to $5,000 (Trump has long denied any wrongdoing).

Merchan, however, all but ruled out sentencing Trump to prison, noting on Friday his tendency not to impose incarceration time and acknowledging that prosecutors have admitted that putting Trump in prison would not be feasible given his impending presidency.

The judge said granting Trump an unconditional release appears to be the most viable solution, meaning Trump will still be found guilty of the crimes but no sanctions will be imposed on him.

What will Trump's sentence be?

Although Merchan suggested he would likely grant an unconditional release, his final decision on Trump's sentence could be different. If the judge does not grant an unconditional release, Trump could still be fined up to $170,000 even if he is not sentenced to prison, based on a fine of $5,000 per charge. The judge could also impose other sanctions like probation, although that is unlikely, given the logistical problems that could pose given Trump's presidency.

What is an unconditional release?

An unconditional release, such as Trump is likely to obtain, can be imposed under New York state law when the court determines that imposing any condition on the release would serve no purpose. 'accused. When a defendant is granted an absolute discharge, the court must give reasons, and the defendant is released without imprisonment, fine or probationary supervision, in accordance with New York law.

Will Trump still be a convicted felon?

Yes. By being convicted, even if granted an unconditional discharge, Trump will be formally found guilty of all 34 of his crimes, as the Justice Department points out, a conviction is necessary for a conviction. The conviction also means that Trump will then be allowed to formally appeal the jury's verdict against him, something he cannot do until after his conviction.

Can Trump pardon himself?

No. This criminal case against Trump was brought in state court, and presidents only have the power to pardon federal charges. (Both federal criminal charges against Trump have been dropped.) It also remains an open legal question whether Trump could pardon himself in a federal case: The Justice Department issued guidance in 1974 during the Watergate scandal saying that Presidents can't forgive themselves, though. the problem has never actually been tested in practice.

What can't Trump do as a convicted felon?

Convicted felons face a number of restrictions, although many of them likely won't apply to Trump, such as holding public office in the state. Trump will not be able to serve on a jury or own a gun, and most notably, many countries have travel restrictions that bar the entry of convicted felons, meaning that as president he may need to obtain special permission for certain trips. It wouldn't be a first, as CBS News notes, President George W. Bush had to get a waiver to travel to Canada as president because he had previously pleaded guilty to drunk driving. More than a dozen countries have implemented such restrictions, including Australia, Canada, China, Japan and the United Kingdom.

Key context

A jury found Trump guilty of 34 counts of falsifying business records in May, following a weeklong trial. Trump was indicted based on a secret payment his ex-lawyer Michael Cohen made to adult film star Daniels before the 2016 election, which Trump later repaid in a series of payments that prosecutors say , were falsely labeled as being for legal services. Trump has pleaded not guilty to the charges against him and has long denied any wrongdoing. Trump's sentencing Friday comes after the president-elect managed to delay his sentencing for several months when it was originally scheduled for July, first until September and then until after the election. Sentencing had been postponed indefinitely before Merchan set it for Friday. Trump's conviction also comes as his other criminal cases have collapsed following his presidential victory. His two federal cases were dismissed due to the Justice Department's policy barring prosecution of sitting presidents, while the fate of his Georgia criminal case is up in the air following a U.S. court ruling. appeal disqualifying Fulton County Prosecutor Fani Willis from overseeing the prosecution.

Surprising fact

Trump expected an unconditional release, likely the only criminal sentence he would receive, at least before taking office, which is a far cry from potential sentences of up to 717 years in prison and $11.2 million of fines he could have received had he been convicted of each charge. he was indicted in all four of his criminal cases and sentenced to the maximum sentence in each.

Further readingForbesTrump's attempt to prevent Hush Money conviction from failureBy Alison Durkee ForbesTrump to be sentenced on January 10 as judge upholds Hush Money convictionBy Alison Durkee

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