(NEW YORK) — In a significant turn of events, a judge revealed on Friday that the sentencing for President-elect Donald Trump related to his hush money case is set for January 10, just over a week before he is expected to return to the White House. The judge, however, indicated that incarceration is unlikely for Trump.
This development positions Trump to potentially become the first sitting president with a felony conviction.
Judge Juan M. Merchan, who presided over Trump’s trial, noted in his written decision that he is likely to impose a conditional discharge. This means the case could be dismissed if Trump avoids further legal issues.
Merchan rejected Trump’s plea to overturn the verdict, which was based on arguments of presidential immunity and his upcoming return to the presidency. The judge emphasized that there are “no legal barriers to sentencing” Trump and highlighted the necessity of resolving this matter before his inauguration on January 20.
“Only by bringing finality to this matter,” Merchan stated, “can we uphold the interests of justice.”
Trump was convicted in May on 34 counts related to the falsification of business records, linked to an alleged scheme to hide a hush money payment made to adult film actress Stormy Daniels during the closing days of his 2016 presidential campaign. This payment was reportedly meant to suppress her claims of a previous sexual encounter with Trump, who insists that her accusations are false and that he did nothing wrong.
Following Trump’s election victory on November 5, Merchan temporarily halted proceedings and postponed sentencing indefinitely, allowing both sides to assess the case’s future.
Read More: What Trump’s Win Means for His Legal Cases
Trump’s legal representatives requested Merchan to dismiss the case, arguing that it could lead to unconstitutional “disruptions” in the new president’s governance.
While prosecutors acknowledged that Trump’s impending presidency should be considered, they insisted that the conviction should stand.
They suggested alternatives, such as pausing the case during Trump’s term or ensuring he would not face prison time. Another option proposed was to close the case while officially recognizing both his conviction and pending appeal—an approach seen in some state courts when defendants pass away during the appeal process.
Upon taking office on January 20, Trump will become the first former president to be convicted of a crime and the first convicted felon to assume the presidency.
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 pivotal aspect of the case involved how Trump accounted for the reimbursement to his attorney regarding the payment made to Daniels.
Michael Cohen, Trump’s lawyer, initially made the payment, later recouping the amount through multiple disbursements that Trump’s company categorized as legal expenses. Most of the checks were signed by Trump while he was in office.
Prosecutors contended that this classification aimed to obscure the true purpose of the payments and to contribute to a broader effort to suppress potentially damaging information about Trump during his first campaign.
Trump argued that Cohen was rightfully compensated for legal services and that the suppression of Daniels’ story was intended to protect his family’s privacy rather than influence voters.
When Cohen paid Daniels in October 2016, Trump was a private citizen running for president. He was serving as president when Cohen was reimbursed, and Cohen testified that they discussed the repayment in the Oval Office.
Trump, a Republican, has referred to the verdict as the product of a “rigged, disgraceful” “witch hunt” led by Democratic Manhattan District Attorney Alvin Bragg.
Before Trump’s election in November, his legal team sought to overturn the conviction citing a U.S. Supreme Court ruling from July that afforded presidents broad immunity from criminal charges. This request remained pending as the election introduced further complexities.
In addition to seeking dismissal of the conviction, Trump also aimed to transfer the case to federal court, where he could claim immunity. However, a federal judge consistently 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.
After the election, special counsel Jack Smith concluded his two federal cases against Trump—one related to alleged attempts to overturn the 2020 election results and another concerning the mishandling of classified documents at his Mar-a-Lago estate.
Meanwhile, a separate state case regarding election interference in Georgia remains largely stalled.
