(NEW YORK) — In a significant turn of events, a judge has set President-elect Donald Trump’s sentencing date for his hush money case for January 10, just over a week before he is expected to take office again. The presiding judge indicated that incarceration is unlikely for Trump.
This scenario could make Trump the first president in history to begin his term with a felony conviction hanging over him.
Judge Juan M. Merchan, who handled the trial, hinted in his ruling that he might opt for a conditional discharge, meaning the case could be dismissed if Trump avoids further legal issues.
Merchan rejected Trump’s request to overturn the verdict, which was based on claims of presidential immunity and the upcoming presidential role. He emphasized that there were “no legal obstacles to sentencing” Trump and stressed the importance of resolving the case before the inauguration on January 20.
“Bringing closure to this matter is essential to uphold justice,” Merchan remarked.
In May, Trump was convicted on 34 counts related to falsifying business records, linked to an alleged scheme to cover up a hush money payment made to adult film actress Stormy Daniels in the final weeks of the 2016 campaign. This payment was allegedly intended to prevent her from going public about a past sexual encounter with Trump, who was married at the time. Trump continues to assert that her claims are false and maintains his innocence.
After Trump’s election victory on November 5, Merchan paused the case and indefinitely postponed the sentencing to provide time for both sides to deliberate on the future of the case.
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Trump’s legal representatives urged Merchan to dismiss the case, arguing that it could disrupt the new president’s capability to govern effectively.
While prosecutors acknowledged the potential impact of Trump’s upcoming presidency, they argued that the conviction should still stand.
They suggested various alternatives, including suspending the case during his term or ensuring he wouldn’t face imprisonment. Another proposal was to close the case while still recognizing his conviction and pending appeal—a strategy used in some state courts when defendants die during the appeal process.
When Trump takes office on January 20, he will make history as the first former president to be convicted of a crime and the first to hold the presidency as a convicted felon.
Following his conviction, the 78-year-old faces penalties that could range from fines or probation to a maximum of four years in prison.
A central issue in the case was the way Trump documented the reimbursement to his attorney for the payment to Daniels.
Michael Cohen, Trump’s lawyer, initially covered the payment, later recovering it through multiple payments that Trump’s company categorized as legal expenses. Many of these checks were signed by Trump while he was in office.
Prosecutors argued that this classification was designed to obscure the true nature of the payments and to facilitate a broader cover-up to prevent damaging information from surfacing during his first campaign.
Trump maintained that Cohen was justifiably compensated for legal services and that the suppression of Daniels’ story was intended to safeguard his family’s privacy rather than influence voter behavior.
When Cohen made the payment to Daniels in October 2016, Trump was a private citizen campaigning for the presidency. He was president when Cohen was reimbursed, and Cohen testified that they discussed the repayment in the Oval Office.
Trump, a Republican, has labeled the verdict as a “rigged and disgraceful” result of a “witch hunt” orchestrated by Democratic Manhattan District Attorney Alvin Bragg.
Before Trump’s election in November, his attorneys attempted to overturn the conviction based on a U.S. Supreme Court ruling from July, which granted presidents significant immunity from criminal charges. This request was still pending when the election complicated matters.
In addition to seeking dismissal of the conviction, Trump sought to have the case moved to federal court, where he could also assert immunity. However, a federal judge repeatedly denied this request, prompting Trump to file an appeal.
The hush money case is the only one of Trump’s four criminal indictments that has gone to trial.
Following the election, special counsel Jack Smith wrapped up his two federal cases against Trump—one related to alleged attempts to overturn the results of the 2020 election and another concerning the alleged mishandling of classified documents at his Mar-a-Lago estate.
Meanwhile, a separate case concerning election interference in Georgia remains largely stalled.
