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Journalism of Courage
US President-elect Donald Trump was formally sentenced by Justice Juan Merchan of the New York State Supreme Court on Friday (January 10) to an unconditional discharge. This sentence marks an unprecedented lenient step in New York state courts, but still identifies Trump as a felon, days before his elevation as President.
Last May, a jury in Manhattan had convicted Trump of falsifying records to cover up a sex scandal. The sentencing, originally scheduled for November 26, was postponed after he was elected President.
Convicts may be allowed release from jail without serving the entirety of their jail term, subject to certain conditions, like completing court-ordered counselling, community service, or serving the period under house arrest, among other things. The New York Times reported that a third of defendants convicted since 2014 of falsifying business records in the first degree in Manhattan served less than a year of jail time.
However, Merchan awarded Trump an unconditional discharge, meaning he would not need to meet any of these assurances. Merchan recognised the leniency of the sentence and acknowledged Trump’s inauguration on January 20.
In an 18-page decision, Merchan said the decision “appears to be the most viable solution to ensure finality.”
“Never before has this court been presented with such a unique and remarkable set of circumstances,” he added, calling this “a truly extraordinary case.”
Merchan sought to distinguish the status of Trump, the ordinary citizen, from Trump, the president. “It is the legal protections afforded to the office of the president of the United States that are extraordinary, not the occupant of the office. The considerable – indeed, extraordinary – legal protections afforded by the office of the chief executive is a factor that overrides all others,” he said.
The former president is the first to be named a convicted felon. In May, the Manhattan Criminal Court found him guilty of 34 counts of falsifying business records to cover a hush money payment to adult film actress Stormy Daniels. This was meant to avoid the mention of a possible sex scandal from dominating the final weeks of the 2016 presidential campaign.
According to the court, Trump paid Daniels $130,000 days before the 2016 election to keep quiet on her claim that the two had a sexual encounter. Each of the charges has a maximum sentence of four years in prison.
Judge Juan Merchan, who presided over the case, had postponed sentencing to November 26, well after the election.
Trump also awaits indictments in two federal cases, and an election-related case in Georgia.
Trump presented a defiant face on Friday’s hearing, maintaining his innocence. In a six-minute speech, he described the trial as a “very terrible experience,” and the case “an injustice of justice.” He subsequently posted on Truth Social, calling Merchan “a highly political and corrupt Judge” who “put a gag order” on speaking about “very important aspects of the case.
The unconditional discharge allows Trump to proceed with the staff confirmation hearings for key roles in his upcoming administration. However, the legal case against him remains, and he is likely to appeal Friday’s sentencing, in a process that may continue well into his second term.
He has also begun a civil action suit against Merchan, whom he has repeatedly attacked over the course of the trial. He has sought to have him removed as judge thrice over the last two years, and alleged biased treatment because Merchan’s daughter is a Democratic political consultant.
