Just ten days before Inauguration Day, Judge Juan Merchan sentenced President-elect Donald Trump on Friday morning in the New York criminal case where a jury previously found him guilty of all 34 counts of falsifying business records.
Trump received an “unconditional discharge,” meaning he will not face jail time, fines, or probation supervision. While this sentencing will not prevent Trump from assuming the presidency, it officially confirms his felony convictions.
“I impose that sentence to cover all 34 counts.”
“As a matter of law, in the criminal law, there is no judgment of conviction until the defendant is sentenced,” former assistant U.S. attorney Andy McCarthy explained in a November interview. “So right now, what we have are jury findings of guilty, and Trump has made post-trial motions to get those vacated.”
McCarthy noted that before sentencing, the judgment of conviction had not yet been entered into court records. With Friday’s sentencing, the judgment is now official, and Trump can proceed with an appeal of the jury’s conviction.
On Tuesday, Trump’s attorneys filed an emergency application to the United States Supreme Court, requesting that Judge Merchan’s sentencing be delayed after he had denied a similar defense motion the day before. In a 5-4 decision on Thursday, the Supreme Court rejected Trump’s request to postpone sentencing.
The Court’s decision stated:
“First, the alleged evidentiary violations at President-Elect Trump’s state-court trial can be addressed in the ordinary course on appeal. Second, the burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of ‘unconditional discharge’ after a brief virtual hearing.”
Trump’s lawyers, Todd Blanche and Emil Bove, attended Friday’s sentencing remotely alongside Trump at Mar-a-Lago, while District Attorney Alvin Bragg and others appeared in person.
The Washington Post reported that Judge Merchan referred to Trump as “Mr. Trump” rather than “President Trump” during the hearing.
During the proceedings, Bragg’s prosecution reiterated the recommendation for a sentence of “unconditional discharge.” Prosecutor Joshua Steinglass highlighted the jury’s “unanimous” decision, despite variations in jurors’ reasoning on the specific “unlawful means.”
Steinglass also accused Trump of using “unrelenting” and “dangerous” rhetoric aimed at discrediting the court, judge, and prosecutors. He said Trump showed no remorse for his actions.
Trump addressed the court during the hearing, calling the case a “setback for New York” and its justice system.
“It was done to damage my reputation so I would lose the election, and obviously that didn’t work,” Trump said. “I got indicted over calling a legal expense a legal expense. I just want to say I think it’s an embarrassment to New York.”
Following Trump’s remarks, Judge Merchan imposed the sentence, stating:
“Never before has this court been presented with such a unique and remarkable set of circumstances,” Merchan said. “At this time, I impose that sentence to cover all 34 counts. Sir, I wish you Godspeed as you pursue your second term in office.”
Defense attorney Todd Blanche confirmed during the hearing that the team intends to appeal.
