NY Judge in Trump hush money case expected to sentence him to 'unconditional discharge'

ByAaron Katersky and Peter Charalambous ABCNews logo
Friday, January 3, 2025 10:15PM
Judge to grant Trump 'unconditional discharge'
The judge in President-elect Donald Trump's New York criminal hush money case indicated Friday that he intends to sentence Trump to an "unconditional discharge."

The judge in President-elect Donald Trump's New York criminal hush money case indicated Friday that he intends to sentence Trump to an "unconditional discharge" out of respect for the presidential immunity doctrine.

Judge Juan Merchan, in his ruling Friday, called it the "most viable solution to ensure finality and allow Defendant to pursue his appellate options."

Merchan ordered Trump to appear, either in person or virtually, for sentencing on Jan. 10.

Trump was found guilty this past May on 34 felony counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.

FILE - Former U.S. President Donald Trump attends his trial for allegedly covering up hush money payments linked to extramarital affairs at Manhattan Criminal Court in New York, Tuesday, April 23, 2024.
FILE - Former U.S. President Donald Trump attends his trial at Manhattan Criminal Court in New York, Tuesday, April 23, 2024.
(Timothy A. Clary/Pool Photo via AP, File

Trump faces the possibility of up to four years in prison for his conviction, though most legal experts believe he is more likely to receive a lighter sentence.

Merchan, in his ruling, sharply criticized Trump for his "disdain for the Third Branch of government."

"Defendant's disdain for the Third Branch of government, whether state or federal, in New York or elsewhere, is a matter of public record. Indeed, Defendant has gone to great lengths to broadcast on social media and other forums his lack of respect for judges, juries, grand juries and the justice system as a whole," the ruling said.

While Merchan said that he cannot determine Trump's sentence without hearing from Trump himself, he signaled his plan to sentence him to an "unconditional discharge," which means Trump avoids serious punishment but the record of his conviction remains on his record.

"While this Court as a matter of law must not make any determination on sentencing prior to giving the parties and Defendant an opportunity to be heard, it seems proper at this juncture to make known the Court's inclination to not impose any sentence of incarceration, a sentence authorized by the conviction but one the People concede they no longer view as a practicable recommendation," the ruling said.

"As such; in balancing the aforementioned considerations in conjunction with the underlying concerns of the Presidential immunity doctrine, a sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow Defendant to pursue his appellate options," Merchan wrote

The Manhattan district attorney's office, which secured the conviction against Trump, did not respond to a request for comment from ABC News.

Trump's lawyers had long fought to push back the sentencing, successfully delaying it three times following the Supreme Court's sweeping ruling on presidential immunity and a heated presidential campaign.

Merchan initially scheduled the sentencing for July 11 before pushing it to Sept. 18 in order to weigh if Trump's conviction was impacted by the Supreme Court's July ruling prohibiting the prosecution of a president for official acts undertaken while in office. Merchan subsequently ruled that Trump's conviction related "entirely to unofficial conduct" and "poses no danger of intrusion on the authority and function of the Executive Branch."

The jury's verdict, handed down last summer, made Trump the first U.S. president, current or former, to be criminally convicted.

Trump is expected to file for a stay of the Jan. 10 sentencing hearing.

This is a developing story. Please check back for updates.

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