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Trump sentenced to unconditional release in New YorkHushMoneyCase

Trump sentenced to unconditional release in New YorkHushMoneyCase

 


Donald Trump was released unconditionally in the financial silence case by Judge Juan Merchan. This decision allows the president-elect to be released without imprisonment, fines or probationary supervision.

The only legal penalty that allows entry of a judgment or conviction without encroaching on the highest office in the land is an absolute discharge, Merchan said at sentencing.

Trump, who is expected to officially assume the presidency in 10 days, will become the first former or sitting U.S. president to face a criminal trial, let alone a guilty verdict and subsequent conviction.

Trump had tried at the last minute to suspend his sentencing after Merchan announced last week that it would continue, but his appeals were rejected by the US Supreme Court.

Merchan delivered his sentence, noting that it is influenced by Trump's recent victory in the presidential election:

It is the citizens of this nation who have recently decided that once again, you should be afforded these protections which include, among others, the Supremacy Clause and Presidential Immunity. It is with this in mind and in this reality that this court must determine a legal sentence.

This court has determined that the only legal penalty that allows entry of a judgment of conviction, without encroaching on the highest office in the land, is unconditional release. Therefore, at this stage, I impose this sentence to cover all 34 counts, he added.

Mercan concluded with: Sir, I wish you well as you assume your second term.

Trump was convicted on May 30 of falsifying business records with intent to commit a secondary crime.

Manhattan District Attorney Alvin Bragg's office argued that Trump falsely documented reimbursements to his former lawyer, Michael Cohen, for paying $130,000 to adult film star Stormy Daniels. This payment was allegedly made to ensure Daniels remained silent about an alleged sexual relationship with the then-presidential candidate. Trump classified these reimbursements to Cohen as legal fees in financial records.

State prosecutors argued during the trial that the falsifications were intended to cover up Trump's violation of New York election law, which prohibits promoting a candidate through illegal means. They argued that the payment to Daniels constituted such an illegal means, presenting it as an illegal campaign contribution.

File photo of adult film actress Stormy Daniels arriving at an event in Berlin, October 11, 2018. (AP)

The prosecution claimed the payment was a preemptive measure to protect Trump's campaign amid mounting allegations of misconduct, as damaging reports about his treatment of women surfaced just weeks before election day. The $130,000 payment far exceeded the legal individual campaign contribution limit of $2,700.

Prosecution witnesses testified about Trump's alleged collusion with tabloid executive David Pecker and then-attorney Cohen in a scheme to suppress stories about his alleged affairs with Daniels and the Playboy model Karen McDougal. They suggested that Trump became particularly concerned about Daniels' account after the release of Access Hollywood's infamous hot mic recording in October 2016, in which he made lewd remarks about women.

In the recording, Trump bragged about being able to grab women by the pussy without their consent because he was a star. Witnesses said Trump feared that his attempts to dismiss the recording as mere locker room talk would fail if other allegations, such as a sexual relationship with a porn star, became public.

As Trump's trial unfolded, he constantly denounced the proceedings, portraying himself as the target of a politically motivated witch hunt. His public statements frequently violated Judge Juan Merchan's order of silence, which prohibited comments about witnesses and jurors.

Although Trump was fined and held in contempt of court for these offenses, Merchan's reluctance to impose harsher sanctions, such as prison terms, suggested that Trump would later show leniency in post-trial developments.

Demonstrators protest outside Manhattan Criminal Court before the start of sentencing in President-elect Donald Trump's hush money case, Friday, Jan. 10, 2025, in New York. (AP Photo/Yuki Iwamura)

Trump's sentencing was originally scheduled for July 11. However, the situation changed dramatically following a July 1 ruling by the U.S. Supreme Court, which granted presidents broad immunity from criminal prosecution for official acts.

In light of this decision, Merchan agreed to delay sentencing until September 18 to consider its implications for the guilty verdict. He then pushed the date back to November 26, citing a desire to avoid any impression, however unfounded, that the debates influenced or were influenced by the upcoming presidential election, in which Trump was a candidate. The judge also delayed in ruling on the applicability of presidential immunity.

Trump's legal strategy of appealing and delay has proven effective. After his election victory, his legal team intensified its efforts to have the case dismissed on the grounds of presidential immunity, arguing that this protection extended to the president-elect and that the conviction would hinder the transition of power.

On January 3, Merchan ruled that there were no legal obstacles to conviction and refused to dismiss the case. He postponed Trump's sentencing until January 10.

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2/ https://indianexpress.com/article/world/donald-trump-hush-money-sentencing-new-york-updates-9772032/

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