Trump will be sentenced for hush money conviction on Jan. 10 — but won’t get jail time

A New York judge plans to sentence Donald Trump on Jan. 10 for his criminal hush money conviction, rejecting efforts by the president-elect to sweep aside a jury’s verdict that found him guilty of 34 felony counts.

But Justice Juan Merchan indicated he will not sentence Trump to prison time, acknowledging that incarceration is not a “practicable” option. And the judge said Trump may attend the sentencing virtually rather than reporting to court in person.

The long-delayed sentencing — unless a higher court blocks it — will force Trump to revisit the sordid hush money case just 10 days before his inauguration. And by maintaining the jury’s verdict, Merchan all but ensured that Trump will take office with his sole criminal conviction still on his record.

In an 18-page decision Friday, Merchan ruled that the Supreme Court’s July decision on presidential immunity does not shield Trump from facing sentencing for the conviction. And the judge rejected Trump’s arguments that the entire case should be thrown out in light of his victory in the 2024 election, calling the suggestion an affront to the justice system. 

Merchan also sharply criticized Trump for his “disdain” for the legal process. In addition to continually criticizing the case itself, Trump repeatedly argued for Merchan to recuse himself, claiming the judge was biased. During the trial, he disobeyed the judge’s gag order and often appeared to fall asleep in court.

A Trump spokesperson blasted Merchan’s ruling as unconstitutional, saying “there should be no sentencing” and vowing Trump would continue to fight the “lawless” case.

A Manhattan jury convicted Trump last May on 34 counts of falsifying business records in order to obscure $130,000 paid to porn star Stormy Daniels just prior to the 2016 presidential election. Daniels and former Trump lawyer Michael Cohen testified the money was intended to ensure she did not go public with a claim that she had sex with Trump while both attended a celebrity golf tournament in 2006. Trump has vehemently denied Daniels’ account.

The maximum sentence for falsifying business records is four years in prison. But experts said Trump was never likely to receive such a harsh sentence, given his age and lack of any other criminal convictions.

Trump last year repeatedly persuaded Merchan to postpone the sentencing, in part based on arguments that proceeding with the sentencing in the summer or fall would interfere with the 2024 election. Then, when Trump won that election, he sought to have the conviction tossed out entirely, arguing that maintaining the case would interfere with the presidential transition and his eventual duties when he returns to office.

In a ruling last month, Merchan rejected a separate bid by Trump to dismiss the case on immunity grounds. And in his Friday ruling, the New York judge again upheld the conviction, even as he floated the possibility that Trump will not face any concrete penalties.

A sentence of “unconditional discharge” may be the “most viable solution” given Trump’s imminent return to the White House, the judge wrote. Under New York law, a sentence of unconditional discharge appears to allow a defendant to avoid any incarceration, probation or fine.

Most legal experts agree that it would be unconstitutional for a state court to imprison a sitting president or impose other punishments that would impede their ability to fulfill their presidential duties. Even Manhattan District Attorney Alvin Bragg, who brought the hush money case, had floated the possibility that Trump’s conviction could be effectively shelved or his sentencing could be postponed until after he leaves office. But Merchan rejected those ideas.

“[T]his Court recognizes the importance of considering and balancing the seemingly competing factors before it: ensuring that the Executive Branch is free to fully dispense the duties of the President and safeguard the interests of the Nation, unencumbered by pending criminal proceedings; to ensure that the Supreme Court’s ruling and the citizenry’s expectation be honored that all are equal and no one is above the Iaw; and the importance of protecting the sanctity of a jury verdict,” Merchan wrote. “This Court is simply not persuaded that the first factor outweighs the others at this stage of the proceeding.”

Merchan bluntly dismissed Trump’s request that the case be thrown out altogether based on his looming inauguration as president. Doing so “would undermine the Rule of Law in immeasurable ways,” the judge wrote.

Trump could try to get a higher court or even the Supreme Court to block the sentencing, but Merchan’s statements seeming to rule out any punishment for Trump could undercut those arguments by making the sentencing little more than a formality. Once Trump is sentenced, he can begin the regular appeals process and seek to have a higher court overturn the jury’s verdict.