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 -
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 -
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."
sheshe2
(88,368 posts)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)Better late than never!
He is going to be pissed, 😡😡😡😡😡😡 Me, I will be 🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣😉💯
LastLiberal in PalmSprings
(12,994 posts)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)Other than "official duties" - get him the hell off social media. For Chump, that's a bigger punishment than jailtime.
NotHardly
(1,422 posts)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?
Blue Full Moon
(1,367 posts)Response to NotHardly (Reply #15)
Chin music This message was self-deleted by its author.
Aviation Pro
(13,597 posts)Seems like this one is the mouse that roared.
Thanks, you worthless, milquetoast of an AG, Merrick the Meek.
Southern_gent
(26 posts)Which essentially means that there will be no punishment at all
Shermann
(8,733 posts)Southern_gent
(26 posts)Deuxcents
(20,276 posts)Evolve Dammit
(19,224 posts)EarthFirst
(3,211 posts)"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.
usonian
(14,894 posts)buzzycrumbhunger
(925 posts)as these miscarriages of justice keep piling upCEOs, oligarchs, etc. may find theres a limit to what the people they pretend to represent will stand for.
usonian
(14,894 posts)Frank Wilhoit, a long time political scientist at Drake Univerdity
Tarzanrock
(518 posts)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
Alice Kramden
(2,461 posts)For upholding the Rule of Law
Blue Full Moon
(1,367 posts)TheRickles
(2,489 posts)Blue Full Moon
(1,367 posts)Rebl2
(15,042 posts)monitor maybe?👍
AverageOldGuy
(2,212 posts)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. Im calling the court clerk Monday, telling them I refuse to serve because I dont 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?
gopiscrap
(24,239 posts)johnnyfins
(1,503 posts)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)It poisons our government for all of us.
WE will do trmps jail time.
It's unforgivable.
Ocelot II
(121,671 posts)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)If he'd decimated our 401ks he would have gotten probation.
malthaussen
(17,804 posts)... 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)to Martha Stewart about no jail time for white collar offenses with no priors. Nothing she did was extreme.
Ocelot II
(121,671 posts)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)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)We're going to regret letting that supposition stand unchallenged.
Figarosmom
(3,576 posts)I'd actually watch if he was being sworn in from a cell.
Buddyzbuddy
(105 posts)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.
riversedge
(73,507 posts)............Merchan said Trump has the option of attending the hearing at the courthouse in downtown Manhattan or participating via an online video link.............
https://www.washingtonpost.com/national-security/2025/01/03/trump-new-york-hush-money-conviction-sentence/?pwapi_token=eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJyZWFzb24iOiJnaWZ0IiwibmJmIjoxNzM1ODgwNDAwLCJpc3MiOiJzdWJzY3JpcHRpb25zIiwiZXhwIjoxNzM3MjYyNzk5LCJpYXQiOjE3MzU4ODA0MDAsImp0aSI6ImNhNmJhZTk5LTM2NzQtNDA1OS1iNGYzLWUwODA1MGMwOTQ1NiIsInVybCI6Imh0dHBzOi8vd3d3Lndhc2hpbmd0b25wb3N0LmNvbS9uYXRpb25hbC1zZWN1cml0eS8yMDI1LzAxLzAzL3RydW1wLW5ldy15b3JrLWh1c2gtbW9uZXktY29udmljdGlvbi1zZW50ZW5jZS8ifQ._xSiYrmilUvxjopNjH7qphaLD2AitGvr3Vzv68-Pd2E
republianmushroom
(18,273 posts)What a marvelous justice system we have. No man is above the law. Hold on that myth. chuckle chuckle
Evolve Dammit
(19,224 posts)lees1975
(6,137 posts)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.
Montauk6
(8,783 posts)BumRushDaShow
(144,733 posts)(sorry )
Stargleamer
(2,276 posts)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)Make him spend some time behind bars after his term ends.
Groundhawg
(1,025 posts)cpamomfromtexas
(1,362 posts)Restitution for the tax implications of trump deducting this fraudulent expense?
HereForTheParty
(335 posts)We should have seen this coming.
Chin music
(24,994 posts)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.
LiberalFighter
(53,528 posts)FakeNoose
(36,090 posts)Just sayin'
Response to BumRushDaShow (Original post)
Chin music This message was self-deleted by its author.
Orrex
(64,382 posts)JohnnyRingo
(19,466 posts)...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)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)Merrick Garland should do the time Trump should of gotten. Simply for being a LOP, SUCH A STUPID ASS.
Response to BumRushDaShow (Original post)
Chin music This message was self-deleted by its author.