A New York judge on Friday denied a motion to dismiss the criminal hush money case against President-elect Donald Trump and scheduled sentencing for Jan. 10, just 12 days before his inauguration for a second term in the White House.
Manhattan Supreme Court Judge Juan Merchan indicated in a written order that he is unlikely to impose prison time, probation, or a fine, suggesting a sentence of unconditional discharge—a decision that would not require Trump to serve probation or pay penalties. Trump has the option to appear for sentencing in person or virtually.
Arguments Rejected
In his ruling, Merchan dismissed Trump’s legal team’s arguments that the case violated constitutional protections, including the U.S. Supreme Court’s 2023 ruling granting sitting presidents presumptive immunity from criminal prosecution for official acts and the Constitution’s Supremacy Clause.
Trump’s attorneys also alleged political bias by the Manhattan District Attorney’s office and claimed unlawful leaks from the investigation.
“This Court finds that Presidential immunity from criminal process for a sitting president does not extend to a President-elect,” Merchan wrote, clarifying the legal distinction.
Case Background
Trump was convicted in May on 34 felony counts of falsifying business records. The charges stem from a $130,000 hush money payment made by Trump’s former personal attorney, Michael Cohen, to adult film star Stormy Daniels ahead of the 2016 presidential election.
Merchan noted that while the law permits a prison sentence, prosecutors have acknowledged that incarceration is not a viable recommendation. Instead, the judge signaled that unconditional discharge—a lenient sentence ensuring finality while allowing Trump to pursue appeals—appears most appropriate.
Trump Team Responds
Trump’s spokesperson, Steven Cheung, criticized the decision, describing the case as a politically motivated “witch hunt.”
“Today’s order by the deeply conflicted, Acting Justice Merchan in the Manhattan DA Witch Hunt is a direct violation of the Supreme Court’s immunity decision and other longstanding jurisprudence,” Cheung said in a statement.
Cheung argued that the case should be dismissed to allow Trump to focus on the presidential transition. “President Trump must be allowed to continue the Presidential Transition process and to execute the vital duties of the presidency, unobstructed by the remains of this or any remnants of the Witch Hunts.”
Legal and Political Implications
The decision not to impose jail time or fines is expected to stir debate as Trump prepares to assume the presidency for a second term. While the ruling addresses immediate legal concerns, Trump’s legal team has vowed to continue fighting the charges, framing them as politically motivated.
Observers are closely watching the Jan. 10 sentencing, which could mark a pivotal moment in a high-profile legal saga with implications extending far beyond the courtroom.
