Judge upholds Donald Trump's conviction, sets sentencing for Jan. 10 with no penalty

A New York judge upheld the felony conviction of President-elect Donald Trump on Friday and set sentencing for Jan. 10, but said Trump would receive no prison or probation.

Judge Juan Merchan had agreed to Trump's earlier request to postpone sentencing until after the election, but he said there is no legal reason to stop it from happening before Trump takes office again on Jan. 20.

"It is incumbent upon this Court to set this matter down for the imposition of sentence prior to Jan. 20, 2025," Merchan wrote. Merchan added that his goal is "bringing finality" to the case.

Merchan said an "unconditional discharge appears to be the most viable solution," so that Trump could pursue his appeals. Under New York law that means a sentence without incarceration, fine or probation.

Steven Cheung, a Trump spokesperson, called Merchan's ruling a direct violation of the Supreme Court's ruling in July that former presidents are shielded from criminal charges for actions related to their official duties while in office. Trump should be able to continue his transition to return to the White House unobstructed by the sentencing, Cheung said.

"This lawless case should never have been brought and the Constitution demands that it be immediately dismissed," Cheung said.

Trump was convicted May 30 on 34 felony counts of falsifying business records to cover up a hush money payment that was made to porn star Stormy Daniels ahead of the 2016 presidential election. Daniels has alleged she and Trump had sex during a celebrity golf tournament in 2006 – a claim Trump denies.

Manhattan District Attorney Alvin Bragg contends that Trump's payment to Daniels via his lawyer Michael Cohen was not an official act as president.

Mark Zauderer, a partner at Dorf, Nelson and Zauderer who has practiced for decades in New York, said Merchan's ruling would preserve the felony conviction while allowing Trump to walk away without imprisonment or fine, and still able to challenge the verdict at the appellate court.

“He made a clean break,” Zauderer said of the judge. “I think he was faithful to the notion that nobody is above the law.”

A felony conviction, if not overturned on appeal, still has consequences, Zauderer said. Trump would not be allowed to vote, own a firearm or sit on a jury in New York state, Zauderer said.

“It’s a compromise that balances a number of interests,” he said.

After his November election victory, Trump urged Judge Juan Merchan to dismiss the entire case, arguing that going forward with proceedings or even simply delaying them until after his presidency would create "unacceptable diversions and distractions from President Trump’s efforts to lead the Nation."

Prosecutors from Bragg's office voiced their own concerns about interfering with the presidency if the sentencing takes place after Inauguration Day, Jan. 20.

However, they still urged Merchan to honor the jury's verdict by keeping Trump's criminal convictions in place. They suggested alternatives to proceeding with sentencing soon, including pausing the case until after Trump's presidency, or closing the case while noting on the docket that Trump was convicted but he didn't have the chance to pursue his full appeal.

"Having addressed and resolved all matters brought before this Court and the verdict now more than half a year behind us, all that remains outstanding in this case is the issuance of this Decision and the imposition of sentence," Merchan wrote. "Scheduling sentence is a function that remains exclusively within the purview of the trial judge and can be easily set down for a date and time certain to minimize disruption and inconvenience, provided that applicable statutory obligations are met."

Trump's presidential election has been a major personal boon when it comes to his criminal cases.

The Justice Department dropped its efforts to prosecute Trump in two separate cases, one alleging Trump unlawfully tried to steal the 2020 election, and the other – a case that was on appeal after being dismissed – alleging Trump mishandled classified documents after his presidency.

Trump has challenged not only the New York criminal case in the wake of his election victory, but also a Georgia criminal case that alleged his efforts to overturn the 2020 election results amounted to a criminal conspiracy.

This article originally appeared on USA TODAY: NY judge upholds Donald Trump conviction and sets sentencing Jan. 10