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BumRushDaShow

(151,981 posts)
Fri Jan 3, 2025, 05:03 PM Jan 2025

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

Last edited Fri Jan 3, 2025, 06:34 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 Jan 2025 OP
Hahahahahahahahahahahahahahahahaha....GOOD! sheshe2 Jan 2025 #1
LOL BumRushDaShow Jan 2025 #2
I had a good laugh. sheshe2 Jan 2025 #5
Judge Merchan could order him to wear an ankle bracelet, LastLiberal in PalmSprings Jan 2025 #43
I'd love to see a gag order FakeNoose Jan 2025 #47
No consequences No Justice & acceptance of two-tier justice NotHardly Jan 2025 #15
100% he needs to be punished just like anyone else Blue Full Moon Jan 2025 #19
This message was self-deleted by its author Chin music Jan 2025 #37
Remember when the useless punditry labeled this the pipsqueak mouse of all the charges Aviation Pro Jan 2025 #3
Unconditional Discharge Southern_gent Jan 2025 #4
Not even a fine? nt Shermann Jan 2025 #51
Nothing. nt Southern_gent Jan 2025 #52
34 convictions by a jury and 7 or so months later, a sentence..or not. Justice has waited long enough Deuxcents Jan 2025 #6
What a waste of everyone's time and a total disgrace of the "justice system" Evolve Dammit Jan 2025 #29
With all due respect... EarthFirst Jan 2025 #7
If there were justice usonian Jan 2025 #8
I'm wondering how many Luigi Mangiones there will be... buzzycrumbhunger Jan 2025 #27
Conservatism. usonian Jan 2025 #33
Not even a Nun's rap on the knuckles with a children's wooden ruler ... Tarzanrock Jan 2025 #9
Thank you, Judge Merchan Alice Kramden Jan 2025 #10
Not really, no punishment who cares it's a win for trump Blue Full Moon Jan 2025 #20
Even a week in prison would send an important message, and still let him prep for his Inauguration. TheRickles Jan 2025 #11
Have it from jail Blue Full Moon Jan 2025 #21
Ankle Rebl2 Jan 2025 #12
BFD. AverageOldGuy Jan 2025 #13
exactly gopiscrap Jan 2025 #45
He doesnt get to cry immunity johnnyfins Jan 2025 #14
This message was self-deleted by its author Chin music Jan 2025 #39
He was never going to do jail time, whether or not he'd been elected. Ocelot II Jan 2025 #16
And Madoff only did time because he stole from other rich people dflprincess Jan 2025 #17
IF the judge wanted to be punitive and guilty of exactly the political bias the GOP claims... malthaussen Jan 2025 #49
Bullshit. Tell that moniss Jan 2025 #53
You do know who prosecuted her? Ocelot II Jan 2025 #54
The prosecution by Comey moniss Jan 2025 #57
There AREN'T any laws that "grant immunity from prosecution to sitting presidents." William Seger Jan 2025 #18
Too bad Figarosmom Jan 2025 #22
At the very least, how about 4 years of Buddyzbuddy Jan 2025 #23
'Merchan said Trump has the option of attending the hearing at the courthouse in downtown Manhattan or participating via riversedge Jan 2025 #24
Commit fraud in the million and no jail time. republianmushroom Jan 2025 #25
Yeah. I never want to hear that again. Evolve Dammit Jan 2025 #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 Jan 2025 #26
"For JUSTICE... we must go to Don Corleone..." Montauk6 Jan 2025 #28
Or this guy BumRushDaShow Jan 2025 #30
Merchan should have sentenced him before the election Stargleamer Jan 2025 #31
Jail time should have been scheduled to begin January 20, 2029 at 1pm. LonePirate Jan 2025 #34
He will likely appeal. Groundhawg Jan 2025 #35
Couldn't he at least be fined and ordered cpamomfromtexas Jan 2025 #36
No price paid for any of Trump's crimes HereForTheParty Jan 2025 #38
This message was self-deleted by its author Chin music Jan 2025 #42
Why not prison on January 20, 2029? LiberalFighter Jan 2025 #40
With any luck, he'll croak before then FakeNoose Jan 2025 #48
This message was self-deleted by its author Chin music Jan 2025 #41
I'm sure that this will hurt Trump's future employment opportunities. Orrex Jan 2025 #44
Gov Adams could pardon him. JohnnyRingo Jan 2025 #46
The Governor of New York is Kathy Hochul. Adams is just the mayor of NYC, Ocelot II Jan 2025 #50
SHOULDA WOULDA KOODA union rep Jan 2025 #55
This message was self-deleted by its author Chin music Jan 2025 #56

BumRushDaShow

(151,981 posts)
2. LOL
Fri Jan 3, 2025, 05:14 PM
Jan 2025

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

(91,829 posts)
5. I had a good laugh.
Fri Jan 3, 2025, 05:23 PM
Jan 2025

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, 01:06 AM
Jan 2025

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

(37,269 posts)
47. I'd love to see a gag order
Sat Jan 4, 2025, 12:12 PM
Jan 2025

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

NotHardly

(2,084 posts)
15. No consequences No Justice & acceptance of two-tier justice
Fri Jan 3, 2025, 07:04 PM
Jan 2025
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

(14,271 posts)
3. Remember when the useless punditry labeled this the pipsqueak mouse of all the charges
Fri Jan 3, 2025, 05:19 PM
Jan 2025

Seems like this one is the mouse that roared.

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

Deuxcents

(22,066 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, 05:24 PM
Jan 2025

EarthFirst

(3,647 posts)
7. With all due respect...
Fri Jan 3, 2025, 05:45 PM
Jan 2025

"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

(1,113 posts)
27. I'm wondering how many Luigi Mangiones there will be...
Fri Jan 3, 2025, 09:12 PM
Jan 2025

… 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

(17,478 posts)
33. Conservatism.
Fri Jan 3, 2025, 09:38 PM
Jan 2025
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

(801 posts)
9. Not even a Nun's rap on the knuckles with a children's wooden ruler ...
Fri Jan 3, 2025, 06:27 PM
Jan 2025

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

(2,726 posts)
11. Even a week in prison would send an important message, and still let him prep for his Inauguration.
Fri Jan 3, 2025, 06:38 PM
Jan 2025

AverageOldGuy

(2,573 posts)
13. BFD.
Fri Jan 3, 2025, 07:02 PM
Jan 2025

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

(2,032 posts)
14. He doesnt get to cry immunity
Fri Jan 3, 2025, 07:03 PM
Jan 2025

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.

Response to johnnyfins (Reply #14)

Ocelot II

(124,613 posts)
16. He was never going to do jail time, whether or not he'd been elected.
Fri Jan 3, 2025, 07:11 PM
Jan 2025

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

(28,802 posts)
17. And Madoff only did time because he stole from other rich people
Fri Jan 3, 2025, 07:43 PM
Jan 2025

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

malthaussen

(18,083 posts)
49. IF the judge wanted to be punitive and guilty of exactly the political bias the GOP claims...
Sat Jan 4, 2025, 05:10 PM
Jan 2025

... 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

(7,196 posts)
53. Bullshit. Tell that
Sat Jan 4, 2025, 09:00 PM
Jan 2025

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

Ocelot II

(124,613 posts)
54. You do know who prosecuted her?
Sat Jan 4, 2025, 10:04 PM
Jan 2025

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

(7,196 posts)
57. The prosecution by Comey
Sat Jan 4, 2025, 10:58 PM
Jan 2025

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

William Seger

(11,582 posts)
18. There AREN'T any laws that "grant immunity from prosecution to sitting presidents."
Fri Jan 3, 2025, 07:55 PM
Jan 2025

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

Buddyzbuddy

(793 posts)
23. At the very least, how about 4 years of
Fri Jan 3, 2025, 08:40 PM
Jan 2025

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

(19,761 posts)
25. Commit fraud in the million and no jail time.
Fri Jan 3, 2025, 08:57 PM
Jan 2025

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

lees1975

(6,503 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, 09:04 PM
Jan 2025

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

(2,400 posts)
31. Merchan should have sentenced him before the election
Fri Jan 3, 2025, 09:25 PM
Jan 2025

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

(14,081 posts)
34. Jail time should have been scheduled to begin January 20, 2029 at 1pm.
Fri Jan 3, 2025, 09:40 PM
Jan 2025

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

cpamomfromtexas

(1,405 posts)
36. Couldn't he at least be fined and ordered
Fri Jan 3, 2025, 10:49 PM
Jan 2025

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

Response to HereForTheParty (Reply #38)

Response to BumRushDaShow (Original post)

JohnnyRingo

(19,906 posts)
46. Gov Adams could pardon him.
Sat Jan 4, 2025, 12:00 PM
Jan 2025

...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

(124,613 posts)
50. The Governor of New York is Kathy Hochul. Adams is just the mayor of NYC,
Sat Jan 4, 2025, 05:31 PM
Jan 2025

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

(31 posts)
55. SHOULDA WOULDA KOODA
Sat Jan 4, 2025, 10:19 PM
Jan 2025

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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