In an unprecedented development in American judicial history, Judge Juan Merchan is moving to sentence Donald Trump to an "unconditional discharge" in his New York criminal case involving hush money payments.
Judge Merchan's decision seeks to balance judicial integrity with executive responsibilities, respecting the presidential immunity doctrine while allowing Trump to challenge the outcome through appeals, ABC News reported.
Judge Merchan indicated that Trump needs to be present for sentencing on January 10, just days before his upcoming inauguration. The move means Trump will not face any prison time, fines, or probation, though the conviction will remain on his record. The case involves 34 felony counts of falsifying business records linked to payments made to Stormy Daniels during the 2016 election.
According to Judge Merchan, the unconditional discharge represents the "most viable solution" to maintain the finality of the verdict while permitting Trump to pursue legal challenges. Trump's legal team is preparing to contest the January 10 sentencing date, potentially involving a New York appellate court.
The judge warned that if there's further delay, sentencing might occur post-presidency. The initial sentencing dates were set for July 11 and September 18 but were postponed due to judicial review on the impact of the Supreme Court's presidential immunity decision.
The Manhattan district attorney office, responsible for securing Trump's conviction, has chosen not to comment on the current proceedings. Despite this, Judge Merchan voiced concerns about Trump's "premeditated and continuous deception" and the need to respect the jury's verdict.
Steven Cheung, spokesperson for Donald Trump, criticized the move, claiming it violates the Supreme Court's immunity ruling. Cheung stressed that Trump should not face "any remnants of the Witch Hunts" during his transition to presidency.
Judge Merchan firmly stated that dismissing the jury's verdict would "undermine the rule of law in immeasurable ways," underscoring that all citizens are equal and no one is above the law. He maintained that unconditional discharge aligns with preserving both the president's duties and legal accountability.
Merchan openly criticized the "dangerous rhetoric" utilized by Trump's legal team and the former president's disrespect toward judicial systems. He noted Trump's history of disregard for various judicial entities, including judges and juries, contributing to public disdain for the judiciary.
Donald Trump made history as the first U.S. president, current or former, to be criminally convicted by a jury. Judge Merchan emphasized weighing Trump's past service to the country against the seriousness of these charges, stating, "That service is but one of the considerations to weigh under this factor."
In discussing the anticipated sentencing, Merchan stressed the importance of respecting the "sanctity of a jury verdict," describing it as "a bedrock principle in our nation's jurisprudence." Trump's legal defense sought to vacate the jury's decision, but Merchan rejected the motion, viewing it as an attack on the rule of law. Despite this, the judge acknowledged that his decision for an unconditional discharge was a necessary compromise, not his preferred outcome.
As the sentencing date approaches, Judge Merchan's intention remains clear: Donald Trump's conviction will stand, but his new presidential term will proceed without the conventional consequences of a criminal conviction. This ruling reflects a delicate balance between upholding the judicial process, preserving the executive branch's independence, and respecting the appellate process.
Trump's legal team, preparing for potential interventions, has signaled a focus on the Supreme Court's ruling on presidential immunity to support their arguments. The January 10 sentencing date looms as a pivotal moment, marking a critical juncture in navigating the unique interplay of law, presidential responsibilities, and public expectations. The outcome of this case will likely set significant precedents for presidential accountability and the rule of law.