After significant post-trial legal maneuvering, the sentencing hearing for President-elect Donald Trump was held in a Manhattan courtroom Friday morning, with Trump attending remotely from Florida with his attorney, Todd Blanche (soon to be Deputy Attorney General in the Trump administration, pending Senate confirmation).
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Judge Juan Merchan presided over the proceedings and ultimately issued the anticipated sentence of “unconditional discharge,” meaning no jail time or other punishment, save the “convicted felon” tag.
The prosecution and Trump’s attorneys were provided with a probation report and given some time to review it. Trump’s attorneys noted there were a few out-of-date facts on the report simply due to the date/timing of the report, but none that would affect the sentencing hearing.
The prosecution recommended a sentence of unconditional discharge. The prosecution also listed the actions Trump has taken since the verdict, which they contend undermine it and constitute a “direct attack on the rule of law,” seemingly contradicting their own stance supporting the unconditional discharge in the process. (Once again, underscoring the illogic and inconsistencies of the case.)
Prosecutor Josh Steinglass also acknowledged the importance of being “respectful of the office of the presidency,” however.
In response, Blanche stated:
“I very, very much disagree with much of what the government just said about this case, about the legitimacy of what happened in this courtroom during the trial, and about President Trump’s conduct fighting this case.”
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Blanche added, “It’s a very sad day. It’s a sad day for President Trump, for his family and friends, but also, in counsel’s view, a sad day for this country.”
Trump himself then spoke, stating, “This has been a very terrible experience,” adding, “I think it’s been a setback for New York and New York court system. This is a case that Alvin Bragg did not want to bring.” He again referred to the case as a “political witch hunt.”
Trump again emphasized that there were no falsified business records — legal expenses were recorded as legal expenses — and then pointed out that he was overwhelmingly reelected by the American people. He noted that his former attorney, Michael Cohen, despite having been disbarred, was permitted to testify “like he was George Washington.”
Trump added, “The fact is I’m totally innocent. I did nothing wrong.”
After thanking Trump for his remarks, Merchan stated, “The imposition of sentence is one of the most difficult and significant decisions that any criminal court judge is called upon to make.” Noting the unprecedented nature of the case, Merchan added, “This has been a truly extraordinary case.”
He referenced the aggravating factors raised by the prosecutors but noted:
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“However the considerable, indeed extraordinary legal protections afforded the office of the chief executive is a factor that overrides all others,” he says.
“They do not reduce the seriousness of the crime or justify its commission in any way,” Merchan says of the legal protections for the office of the presidency.
“One power they do not provide is the power to erase a jury verdict,” Merchan says.
“Ordinary citizens do not receive those legal protections. It is the office of the president that bestows those to the office holder. It is the citizenry of this nation that recently decided that you should once again receive the benefits of those protections,” he says.
Merchan then sentenced Trump to unconditional discharge, as anticipated.
New York Court of Appeals Rules on Trump’s Request to Stay Sentencing
Supreme Court Rules on Trump’s Application to Stay Sentencing
Trump was found guilty by a jury on 34 counts of falsifying business records in late May 2024. After several delays in the sentencing, Merchan abruptly issued an order last Friday (Jan. 3) indicating that the sentencing would be held today (Jan. 10), just 10 days before Trump is set to be inaugurated as the 47th President of the United States.
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Trump’s legal team filed a notice of appeal on the presidential immunity issue (Merchan having denied the post-trial motions seeking to overturn the verdict/dismiss the case on that basis), which they argued should have divested Merchan of jurisdiction over the case while the interlocutory appeal is pending.
However, Trump’s requests to stay the proceedings pending the appeal were rejected by first Merchan, then the Appellate Division, then the Court of Appeals, and then, finally, the Supreme Court.
With the sentence, Trump officially becomes a convicted felon (and subject to the restrictions attendant thereto), though the case will be appealed — and should be overturned on appeal.
