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BumRushDaShow

(144,733 posts)
Fri Jan 3, 2025, 04:03 PM Friday

Judge upholds Trump's felony conviction, but does not plan to order jail time

Last edited Fri Jan 3, 2025, 05:34 PM - Edit history (1)

Source: Washington Post

January 3, 2025 at 5:12 p.m. EST Updated 1 minute ago


NEW YORK -- President-elect Donald Trump will be sentenced on 34 counts of falsifying business records ahead of his swearing-in on Jan. 20, but is not expected to face jail time, a judge ruled Friday. The decision to uphold Trump's conviction and schedule the sentencing Jan. 10 almost certainly means Trump will be the first felon to serve as a U.S. president.

New York Supreme Court Justice Juan Merchan wrote in his ruling that he does not intend to sentence Trump to jail. He said he plans to order an "unconditional discharge," a designation in New York criminal courts for a non-jail and non-probation sentence that carries no other obligations.

Trump was convicted in May of falsifying business records to conceal a hush money payment to an adult-film star ahead of the 2016 election. He faced up to four years in prison, but many experts said incarceration was unlikely because of his age and his lack of prior convictions. Since Trump's victory at the polls in November, his lawyers have argued that anything short of dismissing the case would violate laws that protect the transition process and grant immunity from prosecution to sitting presidents.

In his decision, Merchan rejected those arguments. He called the Trump team's claims a "novel theory" of presidential immunity that would amount to an abuse of his legal discretion. "The Defendant has presented no valid argument to convince this Court otherwise," he said. "Binding precedent does not provide that an individual, upon becoming President, can retroactively dismiss or vacate prior criminal acts nor does it grant blanket Presidential-elect immunity. This Court is therefore forbidden from recognizing either form of immunity."

Read more: https://www.washingtonpost.com/national-security/2025/01/03/trump-new-york-hush-money-conviction-sentence/



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Article updated.

Previous article/headline -

New York judge upholds Donald Trump's hush-money conviction, schedules sentencing for Jan. 10

January 3, 2025 at 4:14 p.m. EST Updated 1 minute ago


NEW YORK -- President-elect Donald Trump will be sentenced on 34 counts of falsifying business records ahead of his swearing-in on Jan. 20, a judge ruled Friday. The decision to schedule the sentencing Jan. 10 almost certainly means Trump will be the first felon to serve as a U.S. president. New York Supreme Court Justice Juan Merchan wrote in his ruling that he does not intend to sentence Trump to jail.

Trump was convicted in May of falsifying business records to conceal a hush-money payment to an adult-film star ahead of the 2016 election. He faced up to four years in prison, but many experts said incarceration was unlikely because of his age and his lack of prior convictions.

Since Trump's victory at the polls in November, his lawyers have argued that anything short of dismissing the case would violate laws that protect the transition process and grant immunity from prosecution to sitting presidents.

Manhattan District Attorney Alvin Bragg's office had floated the idea of postponing Trump's sentencing until after his term ends in 2029. Prosecutors also suggested the judge consider abating the case against Trump while preserving the record of his conviction, a legal mechanism typically used when a defendant dies while proceedings are pending.





Original article -

January 3, 2025 at 3:56 p.m. EST 5 minutes ago


NEW YORK -- President-elect Donald Trump will be sentenced on 34 counts of falsifying business records ahead of his swearing-in on Jan. 20, a judge ruled Friday. The decision to schedule the sentencing Jan. 10 almost certainly means Trump will be the first felon to serve as a U.S. president.

Trump was convicted in May of falsifying business records to conceal a hush-money payment to an adult-film star ahead of the 2016 election. He faces up to four years in prison, but many experts said incarceration is unlikely because of his age and his lack of prior convictions. Since Trump's victory at the polls in November, his lawyers have argued that anything short of dismissing the case would violate laws that protect the transition process and grant immunity from prosecution to sitting presidents.

Manhattan District Attorney Alvin Bragg's office had floated the idea of postponing Trump's sentencing until after his term ends in 2029. Prosecutors also suggested the judge consider abating the case against Trump while preserving the record of his conviction, a legal mechanism typically used when a defendant dies while proceedings are pending.

The district attorney's office argued throwing out the case entirely "would go well beyond what is necessary to protect the presidency and would subvert the compelling public interest in preserving the jury's unanimous verdict and upholding the rule of law."
57 replies = new reply since forum marked as read
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Judge upholds Trump's felony conviction, but does not plan to order jail time (Original Post) BumRushDaShow Friday OP
Hahahahahahahahahahahahahahahahaha....GOOD! sheshe2 Friday #1
LOL BumRushDaShow Friday #2
I had a good laugh. sheshe2 Friday #5
Judge Merchan could order him to wear an ankle bracelet, LastLiberal in PalmSprings Saturday #43
I'd love to see a gag order FakeNoose Saturday #47
No consequences No Justice & acceptance of two-tier justice NotHardly Friday #15
100% he needs to be punished just like anyone else Blue Full Moon Friday #19
This message was self-deleted by its author Chin music Friday #37
Remember when the useless punditry labeled this the pipsqueak mouse of all the charges Aviation Pro Friday #3
Unconditional Discharge Southern_gent Friday #4
Not even a fine? nt Shermann Saturday #51
Nothing. nt Southern_gent Saturday #52
34 convictions by a jury and 7 or so months later, a sentence..or not. Justice has waited long enough Deuxcents Friday #6
What a waste of everyone's time and a total disgrace of the "justice system" Evolve Dammit Friday #29
With all due respect... EarthFirst Friday #7
If there were justice usonian Friday #8
I'm wondering how many Luigi Mangiones there will be... buzzycrumbhunger Friday #27
Conservatism. usonian Friday #33
Not even a Nun's rap on the knuckles with a children's wooden ruler ... Tarzanrock Friday #9
Thank you, Judge Merchan Alice Kramden Friday #10
Not really, no punishment who cares it's a win for trump Blue Full Moon Friday #20
Even a week in prison would send an important message, and still let him prep for his Inauguration. TheRickles Friday #11
Have it from jail Blue Full Moon Friday #21
Ankle Rebl2 Friday #12
BFD. AverageOldGuy Friday #13
exactly gopiscrap Saturday #45
He doesnt get to cry immunity johnnyfins Friday #14
It's judicial legislation. A new immunity. Run for office. Chin music Friday #39
He was never going to do jail time, whether or not he'd been elected. Ocelot II Friday #16
And Madoff only did time because he stole from other rich people dflprincess Friday #17
IF the judge wanted to be punitive and guilty of exactly the political bias the GOP claims... malthaussen Saturday #49
Bullshit. Tell that moniss Saturday #53
You do know who prosecuted her? Ocelot II Saturday #54
The prosecution by Comey moniss Saturday #57
There AREN'T any laws that "grant immunity from prosecution to sitting presidents." William Seger Friday #18
Too bad Figarosmom Friday #22
At the very least, how about 4 years of Buddyzbuddy Friday #23
'Merchan said Trump has the option of attending the hearing at the courthouse in downtown Manhattan or participating via riversedge Friday #24
Commit fraud in the million and no jail time. republianmushroom Friday #25
Yeah. I never want to hear that again. Evolve Dammit Friday #32
It will be a monumental failure of justice if he does not get the standard four years of prison time for these crimes. lees1975 Friday #26
"For JUSTICE... we must go to Don Corleone..." Montauk6 Friday #28
Or this guy BumRushDaShow Friday #30
Merchan should have sentenced him before the election Stargleamer Friday #31
Jail time should have been scheduled to begin January 20, 2029 at 1pm. LonePirate Friday #34
He will likely appeal. Groundhawg Friday #35
Couldn't he at least be fined and ordered cpamomfromtexas Friday #36
No price paid for any of Trump's crimes HereForTheParty Friday #38
We did. Chin music Friday #42
Why not prison on January 20, 2029? LiberalFighter Friday #40
With any luck, he'll croak before then FakeNoose Saturday #48
This message was self-deleted by its author Chin music Friday #41
I'm sure that this will hurt Trump's future employment opportunities. Orrex Saturday #44
Gov Adams could pardon him. JohnnyRingo Saturday #46
The Governor of New York is Kathy Hochul. Adams is just the mayor of NYC, Ocelot II Saturday #50
SHOULDA WOULDA KOODA union rep Saturday #55
This message was self-deleted by its author Chin music Saturday #56

BumRushDaShow

(144,733 posts)
2. LOL
Fri Jan 3, 2025, 04:14 PM
Friday

Merchan needed to do SOMETHING because I think that sentencing was supposed to originally be over he summer, then it was moved to September, then until the new year.

sheshe2

(88,368 posts)
5. I had a good laugh.
Fri Jan 3, 2025, 04:23 PM
Friday

Better late than never!

He is going to be pissed, 😡😡😡😡😡😡 Me, I will be 🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣😉💯

43. Judge Merchan could order him to wear an ankle bracelet,
Sat Jan 4, 2025, 12:06 AM
Saturday

report to his parole officer in person each week, do 2,000 hours community service volunteering at a food bank, replace his red tie with a prison-orange one, and to register as a sexual offender for fellating an underage microphone.

And God's sake, order him to stop dancing.

FakeNoose

(36,090 posts)
47. I'd love to see a gag order
Sat Jan 4, 2025, 11:12 AM
Saturday

Other than "official duties" - get him the hell off social media. For Chump, that's a bigger punishment than jailtime.

NotHardly

(1,422 posts)
15. No consequences No Justice & acceptance of two-tier justice
Fri Jan 3, 2025, 06:04 PM
Friday
Only the poors are punished.

This decision and decisions like this not holding the rich and/or politically connected is how the French Revolution started. Couple that with the rise in homelessness and food insecurity were the other causes ... see the similarities?

Response to NotHardly (Reply #15)

Aviation Pro

(13,597 posts)
3. Remember when the useless punditry labeled this the pipsqueak mouse of all the charges
Fri Jan 3, 2025, 04:19 PM
Friday

Seems like this one is the mouse that roared.

Thanks, you worthless, milquetoast of an AG, Merrick the Meek.

Deuxcents

(20,276 posts)
6. 34 convictions by a jury and 7 or so months later, a sentence..or not. Justice has waited long enough
Fri Jan 3, 2025, 04:24 PM
Friday

EarthFirst

(3,211 posts)
7. With all due respect...
Fri Jan 3, 2025, 04:45 PM
Friday

"To vacate this verdict on the grounds that the charges are insufficiently serious given the position Defendant once held, and is about to assume again, would constitute a disproportionate result and cause immeasurable damage to the citizenry's confidence in the Rule of Law," the judge wrote.

Our confidence in the Rule of Law was shattered long ago…

Yes; I understand the context of what is being laid out here.

buzzycrumbhunger

(925 posts)
27. I'm wondering how many Luigi Mangiones there will be...
Fri Jan 3, 2025, 08:12 PM
Friday

… as these miscarriages of justice keep piling up—CEOs, oligarchs, etc. may find there’s a limit to what the people they pretend to represent will stand for.

usonian

(14,894 posts)
33. Conservatism.
Fri Jan 3, 2025, 08:38 PM
Friday
Frank Wilhoit: “Conservatism consists of exactly one proposition …There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.” This seems increasingly true.

Frank Wilhoit, a long time political scientist at Drake Univerdity

Tarzanrock

(518 posts)
9. Not even a Nun's rap on the knuckles with a children's wooden ruler ...
Fri Jan 3, 2025, 05:27 PM
Friday

and after having to listen to that "stern talking to from the Judge" -- the Turd will just laugh in his face and then laugh even louder at the servile, obsequious judicial system which kowtows and genuflects to the criminal, Fascist Fuhrer.

"And that the ladder of law has no top and no bottom
Stared at the person who killed for no reason
Who just happened to be feelin' that way without warnin'
And he spoke through his cloak, most deep and distinguished
And handed out strongly for penalty and repentance
William Zanzinger with a six-month sentence
Oh, but you who philosophize, disgrace and criticize all fears
Bury the rag deep in your face for now's the time for your tears." -- Bob Dylan, The Lonesome Death of Hattie Carroll

TheRickles

(2,489 posts)
11. Even a week in prison would send an important message, and still let him prep for his Inauguration.
Fri Jan 3, 2025, 05:38 PM
Friday

AverageOldGuy

(2,212 posts)
13. BFD.
Fri Jan 3, 2025, 06:02 PM
Friday

Trump is not going to jail. Trump will never surrender one penny in a fine.

If Trump were a single-parent with two kids who is three months behind on the rent, the sheriff already would have moved their shit into the street and they would be in a homeless shelter.

Fuck the entire judicial system. I just got a summons for jury duty. I’m calling the court clerk Monday, telling them I refuse to serve because I don’t want to be part of this crooked thing we call a “justice system” and the clerk can tell the judge that.

This is why people load up explosives in a truck and shoot it out with the cops. WTF else is left?

johnnyfins

(1,503 posts)
14. He doesnt get to cry immunity
Fri Jan 3, 2025, 06:03 PM
Friday

And is and will be a convicted felon forever. Don't think for a second that this will not eat at him. The half mast flags are, definitely. His potential innauguration crowd, definitely. Thats why he is holding a rally the day before. I happen to think that rally is multi-purpose. Feeds his ego, swells his innauguration crowd size and he wants to have a mob available for any situation.

Chin music

(24,994 posts)
39. It's judicial legislation. A new immunity. Run for office.
Fri Jan 3, 2025, 10:11 PM
Friday

It poisons our government for all of us.
WE will do trmps jail time.
It's unforgivable.

Ocelot II

(121,671 posts)
16. He was never going to do jail time, whether or not he'd been elected.
Fri Jan 3, 2025, 06:11 PM
Friday

White-collar crimes by defendants with no priors seldom result in prison unless it's for something really extreme, e.g,. Bernie Madoff. Did anyone ever seriously expect Trump to spend a single day in the slammer? I hope he has to pay a stiff fine but I never thought for an instant that he'd get a prison sentence. And whatever the penalty turns out to be, he'll appeal it. I do find it gratifying, though, that he is now and forever a convicted felon for which no pardon is possible unless a NY governor grants one - which is highly unlikely.

dflprincess

(28,547 posts)
17. And Madoff only did time because he stole from other rich people
Fri Jan 3, 2025, 06:43 PM
Friday

If he'd decimated our 401ks he would have gotten probation.

malthaussen

(17,804 posts)
49. IF the judge wanted to be punitive and guilty of exactly the political bias the GOP claims...
Sat Jan 4, 2025, 04:10 PM
Saturday

... he could order some token jail time, but clearly he wants to keep his judgement untainted by politics. In fact, given the leniency with which he granted delays to Defendant, he might be accused of bending over backwards to disprove any accusations of politics. Which was futile, because he would have gotten those accusations no matter what he did.

Personally, if I were the judge in this case, I'd sentence DJT to jail time just to see what would happen. This is why I'm not a judge.

-- Mal

moniss

(6,209 posts)
53. Bullshit. Tell that
Sat Jan 4, 2025, 08:00 PM
Saturday

to Martha Stewart about no jail time for white collar offenses with no priors. Nothing she did was extreme.

Ocelot II

(121,671 posts)
54. You do know who prosecuted her?
Sat Jan 4, 2025, 09:04 PM
Saturday

Comey wanted to make an example of her; the insider trading case was weak and he couldn't prove it, so he went after her for lying to the FBI.

moniss

(6,209 posts)
57. The prosecution by Comey
Sat Jan 4, 2025, 09:58 PM
Saturday

revealed how misogynistic he is. It is an aspect of him that I believe also showed up in his treatment of Hillary.

William Seger

(11,131 posts)
18. There AREN'T any laws that "grant immunity from prosecution to sitting presidents."
Fri Jan 3, 2025, 06:55 PM
Friday

We're going to regret letting that supposition stand unchallenged.

Buddyzbuddy

(105 posts)
23. At the very least, how about 4 years of
Fri Jan 3, 2025, 07:40 PM
Friday

house arrest with an ankle monitor no social media and remove all of the ketchup bottles.
At least when he commits his next felony, and rest assured there will be more, he will be a convicted felon. I'll take the little wins.

republianmushroom

(18,273 posts)
25. Commit fraud in the million and no jail time.
Fri Jan 3, 2025, 07:57 PM
Friday

What a marvelous justice system we have. No man is above the law. Hold on that myth. chuckle chuckle

lees1975

(6,137 posts)
26. It will be a monumental failure of justice if he does not get the standard four years of prison time for these crimes.
Fri Jan 3, 2025, 08:04 PM
Friday

Yet another judge in the legal system giving deference to privilege. So open the jail doors and let everyone else who committed lesser crimes go home.

Stargleamer

(2,276 posts)
31. Merchan should have sentenced him before the election
Fri Jan 3, 2025, 08:25 PM
Friday

The American electorate needed to know how serious these felonies were. He should have been sentenced to Rikers or to at least community service.

LonePirate

(13,933 posts)
34. Jail time should have been scheduled to begin January 20, 2029 at 1pm.
Fri Jan 3, 2025, 08:40 PM
Friday

Make him spend some time behind bars after his term ends.

cpamomfromtexas

(1,362 posts)
36. Couldn't he at least be fined and ordered
Fri Jan 3, 2025, 09:49 PM
Friday

Restitution for the tax implications of trump deducting this fraudulent “expense”?

Chin music

(24,994 posts)
42. We did.
Fri Jan 3, 2025, 11:32 PM
Friday

Last edited Sat Jan 4, 2025, 12:09 AM - Edit history (2)

It was a 'conspiracy theory'.
Now it's reality. And bc we didn't/couldn't talk it through? We are all about to be in a state we've never experienced in our lives before. And it's not going to be pretty. People are going to have to do things they never imagined.
How's that working out? Imagine it, bc we need to stop living in lala land imho.
2 weeks.
Bc of one man. One guy. And he's about to change everything.
We didn't consent to this.
How's that 'no recounts' thing working out?
Rules are for losers.

jmho
Edit....See the movie 'Passengers'. trmp and the gop are Jim.....and their choices have taken our future (like Auroras), and our lives. And we won't believe it until it's too late. And too late means...IT"S TOO LATE.
One guy has legal cover to save all of us. President Joe Biden.

Response to BumRushDaShow (Original post)

JohnnyRingo

(19,466 posts)
46. Gov Adams could pardon him.
Sat Jan 4, 2025, 11:00 AM
Saturday

...which just makes it all the more sweet.
Like standing in the boat with a life jacket as Gilligan struggles to stay afloat. "Can't help you little buddy".

Ocelot II

(121,671 posts)
50. The Governor of New York is Kathy Hochul. Adams is just the mayor of NYC,
Sat Jan 4, 2025, 04:31 PM
Saturday

who can't pardon anybody. As Governor, Hochul could do it, but it doesn't sound like she would: “There is a pardoning process in the state of New York. It is lengthy,” Hochul said.... “It requires a couple of elements. One is remorse.”
https://apnews.com/article/trump-hush-money-criminal-conviction-ca2ec0133b7e19413dac4328617c41cf

union rep

(30 posts)
55. SHOULDA WOULDA KOODA
Sat Jan 4, 2025, 09:19 PM
Saturday

Merrick Garland should do the time Trump should of gotten. Simply for being a LOP, SUCH A STUPID ASS.

Response to BumRushDaShow (Original post)

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