Judge Juan Merchan indicated that he was not inclined to impose jail time.
Trump, the first former president ever convicted of a crime, can choose to attend the sentencing either in person or virtually.
Merchan upheld Trump’s conviction by a New York jury in May, rejecting several motions from Trump’s legal team that sought to have the case dismissed.
The judge signaled that instead of jail time, he was considering an unconditional discharge, meaning Trump would not face any further conditions.
However, the sentence would mean that Trump would take office as a convicted felon.
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Trump, who could have faced up to four years in prison, was not expected by legal experts to be sent to jail, even before his election win. Merchan noted that both prosecutors and the court did not see incarceration as a “practicable recommendation.”
In a late-night statement on his Truth Social platform, Trump condemned the decision as an “illegitimate political attack” and called it a “Rigged Charade.” He also criticized Merchan, calling him a “radical partisan” and claiming that the ruling was “unlawful” and violated the Constitution.
In May, Trump was convicted on 34 counts of falsifying business records in connection to a hush money payment made to porn star Stormy Daniels before the 2016 election.
This was intended to prevent Daniels from revealing a claimed 2006 sexual encounter.
Trump’s attorneys had argued that the case should be dismissed, citing the Supreme Court’s decision last year granting broad immunity to former presidents for actions carried out in office.
Merchan dismissed this argument but noted that Trump would be immune from prosecution once he is sworn in as president.
“The Court recognizes that Presidential immunity will likely attach once Defendant takes his Oath of Office,” Merchan said, explaining the timing of the sentencing before January 20, 2025.
Trump’s spokesperson, Steven Cheung, criticized the judge’s decision, claiming it violated Supreme Court rulings and constitutional principles.
“This lawless case should have never been brought,” Cheung said, emphasizing that Trump should be able to focus on the presidential transition without obstruction from the legal challenges.
Trump also faces two federal cases brought by special counsel Jack Smith, but these were dismissed due to a Justice Department policy of not prosecuting sitting presidents.
These cases involved allegations of attempting to overturn the results of the 2020 election and mishandling classified documents.
Additionally, Trump faces racketeering charges in Georgia related to efforts to alter the 2020 election results in that state, although this case is expected to be paused while he is in office.
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