Judge Says Trump Won’t Face Jail, Fine In ‘Hush Money’ Case As He Schedules Sentencing For 10 Days Before Inauguration

Donald Trump’s attempt to have his “hush money” case dismissed was rejected on Friday by a Manhattan judge, who set his sentencing date for 10 days before the presidential inauguration but indicated that Trump would likely not face jail time.

Manhattan Supreme Court Justice Juan Merchan issued the long-awaited decision, signaling that he was inclined to sentence Trump to “unconditional discharge,” which would mean no prison time, fines, or probation.

This ruling indicates that Trump, at 78 years old, may become the first president ever convicted of felony charges when he assumes office on January 20.

Merchan upheld the jury’s verdict, which found Trump guilty of 34 felonies related to concealing a payment designed to cover up a scandal before the 2016 election.

Trump’s attorneys had argued that the conviction should be overturned due to a Supreme Court ruling from July, which granted presidents immunity for “official acts” performed while in office.

However, Merchan disagreed, stating that the immunity granted to a sitting president does not apply to a president-elect and does not necessitate the dismissal of the verdict, which he described as “drastic” and “rare.”

The judge ruled that Trump could attend the sentencing either in person or virtually, and set the date for January 10, explaining that it was in the public’s interest to conclude the case before Inauguration Day.

“Finding no legal impediment to sentencing and recognizing that Presidential immunity will likely attach once Defendant takes his Oath of Office, it is incumbent upon this Court to set this matter down for the imposition of sentence prior to January 20, 2025,” Merchan wrote in his 18-page ruling.

“Only by bringing finality to this matter,” he continued, “will the interest of justice be served.”

Merchan also noted that while Trump could have faced up to four years in prison on each count, “a sentence of an unconditional discharge appears to be the most viable solution to ensure finality” and allow Trump to pursue his appeal options.

After the November 5 election, Merchan had postponed Trump’s sentencing indefinitely to allow for arguments from both sides about how the case should proceed.

Trump’s legal team had argued that Merchan’s decision to uphold the verdict would unconstitutionally interfere with the president-elect’s preparations for his second term.

They also contended that the trial had been irreparably “tainted” by evidence from Trump’s first term, which should fall under presidential immunity.

Prosecutors countered, arguing that the Supreme Court ruling did not apply because the alleged cover-up of a payment did not qualify as an “official act” of the president.

Manhattan District Attorney Alvin Bragg’s office, which brought the charges, suggested various options, including delaying the case until after Trump’s second term or ensuring that he would not be sentenced to jail time.

Bragg’s office declined to comment on the decision. Trump’s lawyer, Todd Blanche, did not respond to requests for comment.

In a Fox News Digital interview, Trump said that Democrats “just want to see if they can get a pound of flesh because every case has failed.”

“I did absolutely nothing wrong,” he asserted. “This is a political witch hunt by [President] Biden and the DOJ.”

Merchan’s decision came after a lengthy legal battle, which saw Trump diverted from his presidential campaign to sit through days of testimony. The prosecution focused on accusations that Trump covered up a $130,000 payment in 2006.

Jurors were presented with 11 invoices, 12 digital ledger entries, and 11 checks made out to Cohen — most of which were signed by Trump — showing that the Trump Organization disguised Cohen’s repayments as fake legal services.

Bragg, a Democrat, employed an unconventional and complex legal theory, which allowed critics to argue that the case represented selective prosecution against the leading Republican presidential candidate.

The case was based on the argument that Trump’s crimes were layered.

Initially, falsifying business records is a misdemeanor, but doing so to conceal another crime turns it into a felony. Prosecutors argued that the cover-up was part of an illegal scheme to hide scandals from voters before the 2016 election, where Trump defeated Democrat Hillary Clinton.

“What do we got to pay for this? One-fifty?” Trump was recorded saying to Cohen, seemingly referring to a $150,000 payment to McDougal.

Bragg’s office claimed that the “catch and kill” payments violated a little-known New York election law barring “conspiring to promote or prevent someone’s election through ‘unlawful means.’”

Merchan gave jurors three options for what constituted the “unlawful means” that underpinned the election fraud, including the fact that the payment exceeded the $2,700 federal cap on campaign contributions.

However, the court did not require jurors to pick a specific unlawful means on the verdict sheet, a decision that led critics to falsely claim that jurors had not “unanimously” convicted Trump.

Throughout the trial, Trump repeatedly called it a “witch hunt” orchestrated by Democrats, claiming, without evidence, that the trial had been “rigged” against him.

Merchan, who has repeatedly stated that politics had no influence on his decisions, made a $35 donation to Democratic causes in 2020, including $15 to President Biden, according to records.

During the six-week trial, Trump spent much of his time criticizing the proceedings outside the courthouse, repeatedly violating the judge’s limited gag order by attacking witnesses and the jury.

“The real verdict is going to be Nov. 5 by the people,” he declared in May, shortly after the Manhattan jury convicted him on 34 counts of falsifying business records.

Polls consistently showed that the case’s outcome would not affect how Americans voted.

In fact, Bragg’s case may have actually benefited Trump. His campaign claimed that it raised a “record-shattering” $34.8 million in small donations just hours after the guilty verdict.

Months later, Trump secured a second term in the White House, defeating Vice President Kamala Harris in an Electoral College landslide.

{Matzav.com}