Donald Trump was officially sentenced in the New York hush money case involving porn star Stormy Daniels, putting him on track to become the first convicted felon to be sworn in as President of the United States.
The President-elect, 78, appeared virtually for his hearing on Friday in Manhattan Criminal Court where Judge Juan Merchan sentenced him to an unconditional discharge.
The sentence, which finalizes his criminal conviction of 34 felony counts of of falsifying business records from his trial in May, means the incoming president will avoid jail time, hefty fines, and probation.
The ‘no-penalty’ sentence however, will go on his permanent record and make him the first American president to take the White House as a convicted felon when he is sworn in on January 20.
Addressing his decision, Judge Merchan called it ‘the only lawful sentence’ the court could impose ‘without encroaching on the highest office of the land’.
‘The legal protections afforded to the office of the President have been laid out by our founders, the conditions, and the United States Supreme Court,’ he added.
‘The considerable indeed extraordinary legal protections afforded by the chief executive is a fact that overrides all others’.
The judge, however, noted that the protections of the Presidency ‘are not a mitigating factor’ for the crime.
‘They do not reduce the seriousness of the crime of justice or its commission in any way. The protections are however a legal mandate which this court must respect and follow,’ he explained.
‘At this time I impose that sentence to cover all 34 counts.’
He addressed Trump directly saying: ‘Sir, I wish you God’s speed as you assume a second term in office.’
The lighter sentence has been given to low-level offenders in New York, including lawyers who have failed to pay taxes, drivers who speed and trespassers.
Trump was forced to attend his sentencing on Friday despite dogged efforts by his legal team to block or delay the hearing, including a last-ditch appeal to the Supreme Court.
The Court ultimately rejected the request in a 5-4 ruling Thursday evening that found that sentencing Trump would not be an insurmountable burden as he takes back the White House, noting that Judge Juan Merchan has indicated he would not give the incoming president any jail time, fines, or probation.
‘First, the alleged evidentiary violations as president-elect Trump’s state-court trial can be addressed in the ordinary course of appeal,’ the unsigned ruling said.
‘Second, the burden that sentencing will impose on the president elect’s responsibilities is relatively insurmountable in light of the trial court’s stated intent to impose a sentence of ‘unconditional discharge’ after a brief virtual hearing.’
Among those who supported the decision were Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown.
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh would have delayed the sentencing, the order states.
Reacting to the news Thursday night, Trump called the Supreme Court’s ruling a ‘fair decision’ but vowed to appeal the case.
The 78-year-old appeared content with the decision, even though conservative justices Amy Coney Barrett – who he appointed to the court – and Chief Justice John Roberts sided with the liberals who supported the decision.
Still, the incoming president criticized the ruling, as he hurled insults at Merchan.
‘I am innocent of all of the judge’s made up, fake charges,’ he wrote on his Truth Social platform.
He added that he was appreciative of ‘the time and effort of the United States Supreme Court in trying to remedy the great injustice done to me.’
Trump then reiterated the message at a news conference from his Mar-a-Lago estate later Thursday night.
‘We’re going to appeal anyway, just psychologically, because frankly it’s a disgrace,’ he said, though he noted he found a silver lining in reading the Supreme Court decision.
‘I read it and I thought it was a fair decision, actually, so I’ll do my little thing tomorrow. They can have fun with their little political opponent,’ he said, trying to paint the judge as politically-motivated.
Trump’s legal team, led by lawyer Todd Blanche, who was tapped for a top Justice Department post, had argued that Trump should be spared sentencing based on the court’s monumental presidential immunity decision last summer.
In their filing on Wednesday, his lawyers asked to halt proceedings, claiming sentencing would cause ‘grave injustice and harm to the institution of the Presidency and the operations of the federal government.’
The Supreme Court asked Manhattan prosecutors to respond to Trump’s request by Thursday morning. Manhattan District Attorney Alvin Bragg said the office planned to respond in court papers, which later showed prosecutors urging the high court to let the proceeding move forward.
Trump’s 11th-hour plea to the Supreme Court came a day after an appeals court rejected his request to have Friday’s sentencing delayed. He had also asked Judge Merchan to delay sentencing pending his appeal.
The New York Court of Appeals denied the request Tuesday, with Associate Justice Ellen Gesmer of the Appellate Division issuing a one-line ruling: ‘After consideration of the papers submitted and the extensive oral argument, (Trump’s) application for an interim stay is denied.’
The president-elect – who is set to be sworn into office next week, was convicted by a New York jury last year on 34 counts of falsifying business records in a trial that featured testimony by former Trump ‘fixer’ Michael Cohen and porn star Stormy Daniels, who claims she had a sexual affair with Trump. Trump denies the affair.
He had successfully delayed his sentencing until after the November election, but the denial by New York’s Court of Appeals marked his third failed attempt to block proceedings in the case.
Judge Merchan had signaled that he might not impose jail time or even a fine – although that didn’t stop Trump from going after the judge in a rambling press conference.
‘We have a judge in New York as a very crooked judge, I’m under a gag order. I can’t even talk about aspects of the case that are the most vital aspects,’ Trump, 78, complained at Mar-a-Lago at an event.
Merchan said he would move forward anyway, and said his legal teams raised arguments were mostly ‘a repetition of the arguments he has raised numerous times in the past.’
He has said he won’t likely send Trump to prison, and may give him a conditional discharge.
However even that outcome would give Trump the permanent stain of being the first president to be a convicted felon when he is sworn in on January 20.
Merchan determined last month that the evidence presented at the trial earlier this year was related ‘entirely to unofficial conduct’ and therefore did not amount to official actions as president.
