President-elect Donald Trump will be sentenced on Jan. 10 in the criminal case in which he was convicted on charges involving hush money paid to a porn star, but is unlikely to face jail time or other penalties, a judge said on Friday.
Justice Juan Merchan’s ruling means Trump will be required to appear at a court hearing just 10 days before his Jan. 20 inauguration – an unprecedented scenario in U.S. history. Before Trump, no U.S. president – former or sitting – had been charged with or convicted of a crime.
The judge said Trump, 78, may appear at his sentencing either in person or virtually.
He wrote that he was not inclined to sentence Trump to jail, and that a sentence of “unconditional discharge” – meaning no custody, monetary fine, or probation – would be “the most viable solution.”
The imposition of the sentence would pave the way for Trump to appeal. Merchan acknowledged in his ruling that Trump has made clear he intends to appeal
In a statement, Trump spokesperson Steven Cheung said there should be no sentencing in the case.
“This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed,” Cheung said.
Merchan announced his plan for the sentencing in denying Trump’s motion to dismiss the case due to his presidential election victory. Trump’s defense lawyers had argued that having the case hang over him during his presidency would impede his ability to govern.
Merchan rejected that argument, writing that setting aside the jury’s verdict would “undermine the Rule of Law in immeasurable ways.”
“Defendant’s status as President-elect does not require the drastic and ‘rare’ application of (the court’s) authority to grant the (dismissal) motion,” Merchan wrote in the decision
Merchan also rejected Trump’s argument in a Dec. 3 court filing that dismissal was warranted because his “civic and financial contributions to this city and the Nation are too numerous to count.”
While acknowledging Trump’s service as president, the judge said Trump’s public statements excoriating the justice system were also a factor for him in determining how Trump’s character would factor into the decision.
Merchan criticized what he called Trump’s “unrelenting and unsubstantiated attacks” against the integrity of the criminal proceeding, and noted that he had found him guilty of 10 counts of contempt during the trial for repeatedly violating an order restricting out-of-court statements about witnesses and others.
