In a major decision from New York state court, Judge Juan Merchan upheld President-elect Donald Trump’s 2024 criminal conviction for falsifying records to cover up his alleged affair with Stormy Daniels, rejecting arguments from Trump’s lawyers claiming he gets preemptive presidential immunity.
Merchan scheduled Trump to be sentenced on Jan. 10, ten days before inauguration. But he also signaled he did not plan to sentence Trump to any jail time.
“Finding no legal impediment to sentencing and recognizing that Presidential immunity will likely attach once Defendant takes his Oath of Office, it is incumbent upon this Court to set this matter down for the imposition of sentence prior to January 20, 2025,” Merchan wrote in his Friday decision.
He added that he prefers not to hand down the sentence after Trump’s term, but may be forced to do so if Trump runs out the clock on sentencing before he’s sworn in.
He also indicated that he’s leaning towards an “unconditional discharge,” meaning Trump would likely avoid jail.
“In balancing the aforementioned considerations in conjunction with the underlying concerns of the Presidential immunity doctrine, a sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow Defendant to pursue his appellate options,” he wrote.
Trump is expected to ask an appeals court to intervene, the New York Times reported.
Merchan also spent pages lambasting Trump for his endless vilification of the legal proceedings.
“Defendant’s disdain for the Third Branch of government, whether state or federal, in New York or elsewhere, is a matter of public record,” he wrote. “Indeed, Defendant has gone to great lengths to broadcast on social media and other forums his lack of respect for judges, juries, grand juries and the justice system as a whole.”
“Defendant’s character and history vis-a-vis the Rule of Law and the Third Branch of Government must be analyzed under this factor in direct relation to the result he seeks, and in that vein, it does not weigh in his favor,” he added.
Despite the relatively low-grade punishment — Trump’s conviction would remain on his record — and his likely bid to delay even that sentencing, the decision comes as a shock as many, Trump seemingly included, figured that his election ended his legal woes.
Read the ruling here:
