In an unusual development, a judge on Friday set President-elect Donald Trump’s sentencing in his hush money case for January 10, a little more than a week before he is scheduled to return to the White House, but suggested he may not be jailed. .
Nevertheless, the development raises the possibility that Trump will become the first president to serve with a felony conviction.
In a written decision, Judge Juan M. Marchan, who presided over Mr. Trump’s trial, granted the former president and the president-elect so-called conditional immunity, which allows the case to be dismissed if the defendant avoids rearrest. He suggested that he pass it on.
Marchan rejected pressure from Trump to dismiss the verdict and throw out the case, citing the president’s immunity and his imminent return to the White House. The judge found there was “no legal impediment to sentencing” Trump and said it was his “obligation” to sentence him before he was sworn in on January 20.
The interests of justice can only be served “by putting an end to this problem,” Marchand wrote.
He writes: “Although this court is not legally required to make any decision on sentencing before giving parties and defendants an opportunity to be heard, it is appropriate at this time to make clear the court’s intention not to impose any sentence. “It appears that imprisonment, a sentence granted by conviction, acknowledges that the public no longer considers it a viable recommendation.” ”
He continues: Balancing the foregoing considerations with the underlying concerns of the doctrine of presidential immunity, a sentence of unconditional release is the most practical way to ensure finality and allow defendants to pursue their appellate options. This seems like a good solution. ”
Trump was found guilty in May of 34 counts of falsifying business records. They were allegedly involved in a scheme to conceal hush money payments to porn actor Stormy Daniels during the final weeks of President Trump’s first campaign in 2016. The payment was made to stop her from going public with claims that she had a sexual relationship with a married Trump several years ago. He says her story is a lie and that he did nothing wrong.
After President Trump’s election on Nov. 5, Marchan halted proceedings and postponed sentencing indefinitely so the defense and prosecution could consider the future of the case.
Trump’s lawyers urged Marchand to throw it out. To do otherwise, they said, would create unconstitutional “chaos” on the next president’s ability to run the country.
The judge is tasked with presiding over former President Donald Trump’s arraignment.
Prosecutors acknowledged that some consideration was needed to help him become the next president, but argued that the conviction should be upheld.
They proposed a variety of options, including freezing the case during his term or guaranteeing an acquittal. They also proposed closing the case with formal notation of both his conviction and pending appeal. This is a novel idea derived from the actions some state courts take when a criminal defendant dies while on appeal.
Trump will be inaugurated on January 20 as the first former president to be convicted of a crime and the first president to be elected as a convicted felon.
With his conviction, the 78-year-old could face anything from a fine or suspended sentence to up to four years in prison.
The case centered on how Mr. Trump reimbursed his personal lawyer for payments made to Mr. Daniels.
Attorney Michael Cohen took over the funding. He later got it back through a series of payments that Trump’s company recorded as legal costs. Trump was in the White House by then and signed most of the checks himself.
Prosecutors said the designation was intended to obscure the true purpose of the payments and to help cover up a broader effort to keep voters from hearing unflattering claims about the Republican Party during the first campaign. He said that.
Trump said Cohen was fairly compensated for his legal services and told Daniels’ story to avoid embarrassing Trump’s family and influence voters. He said it was hidden.
When Mr. Cohen paid Mr. Daniels in October 2016, Mr. Trump was a private citizen who was campaigning for president but had not been elected or sworn in. Mr. Trump was president when Mr. Cohen was repaid, and Mr. Cohen testified that he discussed the repayment arrangement in the Oval Office.
Republican President Trump denounced the verdict as the “unjust and disgraceful” result of a “witch hunt” pursued by Democratic District Attorney Alvin Bragg.
Before Trump’s election in November, his lawyers sought to overturn his conviction on other grounds. That was a U.S. Supreme Court ruling in July that gave the president broad immunity from criminal prosecution. That request was still pending when new issues arose in the election.
President Trump urged Marchand to vacate his conviction while moving the case to federal court, where he could also claim immunity. Federal judges repeatedly said no, but Trump appealed.
The hush money case is the only one of President Trump’s four criminal indictments that went to trial.
After the election, Special Counsel Jack Smith closed two federal cases. One concerned Trump’s efforts to overturn his 2020 election loss. Another claimed to have classified documents in his Mar-a-Lago mansion.
Another state-level election interference case in Georgia remains largely on hold.
The president-elect will attend the state funeral of late former President Jimmy Carter at the National Cathedral in Washington, D.C., on January 9, the day before his scheduled sentencing.
President Trump will be inaugurated on January 20th.
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