Trump given unconditional discharge in New York hush money case
NEW YORK (NewsNation) —Judge Juan Merchan gave President-elect Donald Trump an unconditional discharge Friday for his New York hush money conviction after the Supreme Court refused to intervene.
An unconditional discharge means Trump will face no legal penalties for the crime but will remain a convicted felon.
With just 10 days before he is inaugurated for a second term, the president-elect will be the first convicted felon to be sworn into office.
Trump appeared by video for the hearing from his Florida home. In a lengthy Truth Social post, Trump railed against the judge and prosecutors, repeating his accusations that the case was a “witch hunt” and politically motivated.
“Today’s event was a despicable charade, and now that it is over, we will appeal this Hoax, which has no merit, and restore the trust of Americans in our once great System of Justice. MAKE AMERICA GREAT AGAIN!” He wrote on Truth Social.
Merchan: ‘Extraordinary’ protections offered to the office of the president
Addressing the court, Merchan contrasted the unusual nature of trying a former president, including the unprecedented media attention and heightened security, with the fact that it was conducted like any other trial with a jury made up of ordinary citizens.
“While the trial was somewhat ordinary, the same cannot be said about sentencing because of the office you once occupied and will soon occupy again,” he said.
Merchan noted that the legal protections offered to the office were a factor that overrode all others but not a mitigating factor.
“They do not reduce the seriousness of a crime,” Merchan said. “Despite the extraordinary breadth of those protections, they do not provide the power to erase a verdict.”
The judge also stressed that the protections were granted to the executive office, not the individual holding it, and that Donald Trump, criminal defendant and ordinary citizen, does not have those protections.
“The citizenry of the nation decided you should once again receive those protections. It is through that lens and that reality that this court must determine a lawful sentence,” Merchan concluded before handing down his sentence.
Trump: ‘We’re going to appeal anyway’
Merchan repeatedly postponed the sentencing, initially set for July. But last week, he set Friday’s date, citing a need for “finality.” He wrote that he strove to balance Trump’s need to govern, the Supreme Court’s immunity ruling, the respect due a jury verdict, and the public’s expectation that “no one is above the law.”
Trump’s lawyers then launched a flurry of last-minute efforts to block the sentencing on the basis of presidential immunity applying to Trump even as president-elect. Their last hope vanished Thursday night.
In a 5-4 decision, Chief Justice John Roberts and Justice Amy Coney-Barret declined to delay the sentencing, assuring Trump’s status as the first felon to assume the presidency.
The justices emphasized the lenient sentencing that has already been floated for Trump, writing: “The burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s state intent to impose a sentencing of “unconditional discharge” after a brief virtual hearing.”
Following the ruling, Trump said, “We’re going to appeal anyway, just psychologically, because frankly, it’s a disgrace. It’s a judge who shouldn’t have been on the case. He’s a highly conflicted judge, and they called for an appeal. So, I read it and thought it was a fair decision actually. So I’ll do my little thing tomorrow. They can have fun with their political opponent.”
‘Unconditional discharge’ likely for Trump
In May, a New York City jury found Trump guilty on 34 counts of falsifying business records in connection to payments made to adult film actress Stormy Daniels ahead of the 2016 election. Daniels was paid during the campaign to keep quiet about an affair she allegedly had with Trump, which he denies.
Each count is punishable by up to four years in prison and/or a fine of up to $5,000.
Merchan has suggested that he’s unlikely to sentence Trump to prison. Instead, he’s expected to impose the most lenient sentencing given the extraordinary circumstances surrounding the president-elect’s imminent inauguration.
That would likely result in an “unconditional discharge,” meaning Trump would remain a convicted felon but face no legal penalties for the crime.
NewsNation correspondent Tom Dempsey and The Associated Press contributed to this report.