Faced with the unprecedented dilemma of how, when or even to sentence a former and future US president, the judge in President-elect Donald Trump’s illicit money case has made a dramatic decision that could nonetheless lead to a muted end to the case. .
In a ruling issued Friday, Manhattan Judge Juan M. Merchan set sentencing for 10 days before Trump’s inauguration — but the judge indicated he was leaning toward a ruling that might amount to merely closing the case without any real punishment. He said Trump could attend the January 10 session remotely due to his transition duties.
However, this would leave Trump returning to the White House with a felony conviction.
Will that come? Trump wants the conviction overturned and the case dismissed, and communications director Stephen Cheung said the president-elect “will keep fighting.” But it is difficult to predict what will happen in this unprecedented and unpredictable case. Here are some key questions and what we know about the answers:
Remind me: Why is Trump waiting to rule?
Trump was convicted in May of 34 criminal counts related to falsifying his business records. These charges relate to a $130,000 payment, made through his former personal lawyer in 2016, to prevent porn actress Stormy Daniels from publishing her story about having sex with Trump a decade ago. He denies her claim and says he did nothing wrong.
Trump was initially scheduled to be sentenced on July 11. But at the request of his lawyer, the proceedings were postponed twice, eventually arriving at a date in late November, after the presidential elections. Then Trump won, and Merchan postponed everything to think about what to do.
What did the judge just order?
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Merchan denied Trump’s request to dismiss the conviction and the entire case. The judge ordered Trump to appear — virtually or in person, at his choice — for sentencing at 9:30 a.m. on January 10.
What will Trump’s punishment be?
That won’t be final until the judge announces it, and he noted that under the law, he must give prosecutors and Trump a chance to weigh the matter. The charges carry potential penalties ranging from a fine or probation to up to four years in prison. .
But the judge wrote that “the most viable option” appeared to be so-called unconditional release. The case concludes without jail time, fine or probation. But unconditional release leaves the defendant’s conviction on the books.
By law, everyone convicted of a felony in New York must submit a DNA sample to the state’s crime data bank, even in cases of non-parole.
Can Trump appeal to stop the execution of the ruling?
It’s mysterious. Appealing a conviction or sentence is one thing, but the ins and outs of appealing other types of decisions during a case are complex.
Former Manhattan Judge Diane Kiesel said that under New York law, Friday’s ruling could not be appealed, but that “doesn’t mean he won’t try.”
Meanwhile, Trump’s lawyers are trying to convince a federal court to take control of the case. The prosecution is scheduled to submit a response to the US Second Circuit Court of Appeals by January 13, three days after Trump’s sentencing.
The defense has also indicated that it will seek intervention from the US Supreme Court if Merchan does not dismiss the case. In a November 25 letter to the judge, Trump’s lawyers asserted that the US Constitution allows an appeal to the Supreme Court because the defense is making arguments about presidential immunity.
Much of their argument relates to the Supreme Court’s July ruling on the matter, which granted greater legal protections to presidents. Trump’s lawyers may try to convince the Supreme Court that it needs to follow through by now getting involved in the secret money issue.
A Trump spokesman said no decision has been made on whether to challenge Merchan’s ruling.
What do prosecutors say about all this?
They declined to comment on Merchan’s ruling. They had previously encouraged him to uphold the sentence and offered him options such as postponing sentencing until Trump leaves office, promising not to go to prison, or closing the case by noting that he was convicted but never sentenced due to presidential immunity. Merchan said he found these ideas untenable.
Can Trump appeal his conviction?
Yes. But under the law, he can’t do that until he’s sentenced.
Can Trump pardon himself once he becomes president?
Not in this case. A presidential pardon applies only to federal crimes. Trump was convicted in a New York state court.
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