President-elect Donald Trump will return to court before he returns to the White House, a New York judge ruled Friday.
Judge Juan Merchan is scheduled to sentence Trump for his crimes on January 10, just 10 days before the January 20 Inauguration Day. This court proceeding will be unprecedented in the 248-year history of the United States. Trump’s conviction in New York originated from $130,000 so-called “hush money” payment His then-attorney Michael Cohen turned to adult film star Stormy Daniels just days before the 2016 election.
Judge Juan Merchan’s ruling ended two months of speculation. back and forth play prank trump’s lawyer Manhattan District Attorney Alvin Bragg’s prosecutors after Trump’s narrow election victory on November 5.
Trump became the first former president in history. convicted of a crime One day in May, The jury unanimously found him guilty. For New York. Sentencing in the case was halted for months as Trump campaigned to return to office. Last November, he became the first person to be voted into the White House after being convicted.
The president-elect argued in his motion to dismiss that his conviction would be invalidated if he ascended to the White House. Merchan said Friday that wasn’t the case.
“This court finds that a gap in jury verdict or dismissal of indictment is not required by the doctrine of presidential immunity, the Presidential Transition Act, or the Supremacy Clause,” Judge Merchan wrote in Friday’s order.
Merchan said in his ruling that Trump will not be sentenced to prison. He wrote that prosecutors agree with this decision. He also said Trump may appear virtually for sentencing rather than in person.
“It seems appropriate at this point to signal the court’s intention not to impose any prison sentence,” Merchan said. “This sentence was approved by the plea agreement, but it was a sentence that (the prosecution) acknowledged was no longer viewed as a viable recommendation,” Merchan wrote.
Trump’s lawyers argued that the constitutional claim against the president-elect “supersedes” the jury’s decision and the ongoing proceedings of the case.
Bragg’s office argued that judges have a variety of options, including “new” options, to balance the interests of justice with the unprecedented situation of a defendant convicted before sentencing being elected to office. Their proposals included delaying proceedings until after Trump’s term and even terminating the case and proceedings with a note that the ruling had not been reversed.
Merchant acknowledged that President-elect Trump is not entitled to immunity from criminal proceedings and said he would dismiss the case.
“Undoubtedly, the transition period between an election and the presidential swearing-in is a time filled with tremendous responsibility,” Murchan wrote. “But in his motion, even (defendant) referred to presidential immunity at least 33 times as it pertains to a sitting president.”
Trump’s conviction carries a potential sentence of up to four years in prison, but a variety of alternatives to incarceration have also been proposed, including probation and fines.
In his ruling, Merchan said that after Trump’s victory, his lawyers’ rhetoric changed from “mental” to “dangerously close to crossing the line.”
“The defense relied on language, indeed rhetoric, that has no place in a legal argument. For example, in the motion to dismiss, the defense accused the prosecution and the court of engaging in ‘illegal’ and ‘unconstitutional’ conduct,” Merchan said. wrote.
Merchan cited the Chief Justice’s recent report warning about elected leaders undermining the judiciary.
“When viewed in the full context and with the parties to this action in mind, such allegations are likely to have a chilling effect on the third branch of government in the broader picture,” Merchan wrote.
Merchan’s decision is the latest in a series of historic firsts resulting from the case. Trump’s indictment In March 2023, he became the first former president in U.S. history to be criminally indicted. He was the subject of: 7 week trial It took place this spring during the Republican presidential primary.
In the courtroom, Trump grumbled quietly but often leaned back in his chair with his eyes closed as prosecutors and lawyers questioned more than 20 witnesses. Sometimes his head hung down. I must have dozed off. In a hallway just outside the courtroom, surrounded by a rotating cast of Republican allies, lawyers and Secret Service agents, Trump seethed about the case while campaigning for media cameras.
At times, his dual commitment to the court and the cameras led to problems. merchant Insulted Trump 10 times He is accused of violating a gag order prohibiting public speaking to potential jurors, witnesses and others.
witness, beginning David Pecker, former National Enquirer publisherTwo plans were outlined at the heart of the case. The first was a plan by Trump, Pecker and former lawyer Michael Cohen to “catch” stories or claims that could harm Trump’s 2016 presidential bid and “kill” them by paying people in exchange for non-disclosure agreements. . Pecker and others described three agreements known as “hush” payments.
A few days before the election, Cohen paid $130,000. To adult film star Stormy Daniels — He is also a witness in the trial. — in exchange for her silence about allegations of sexual contact with Trump in 2006. He and another witness said: Trump’s slogan The thing is, voters didn’t know the story before the election.
Cohen also described how the payments to Daniels were secretly reimbursed. The jury concluded that Trump approved a scheme to falsify business records to conceal Cohen’s repayments while he was president in 2017. The plan ultimately included 34 falsified records It involved monthly installments described as payments for ongoing legal services, but in reality they were Cohen’s repayment of Daniels’ compensation.
It took the jury less than two days to reach a verdict. President Trump, who often looked at his fellow jurors during the trial, did not even make eye contact with them during the sentencing.
He looked straight ahead as the jury foreman found Trump guilty 34 times, and Merchan thanked them for their service before allowing them to leave the room.
As Merchant stepped forward, Trump stood up with a deep frown and briefly held his son Eric’s hand.
President Trump led his group out of the courtroom, huddled briefly with his lawyers, and then turned to face the cameras waiting for his reaction.
He declared his innocence and returned to his presidential campaign after being outraged by the incident.