A New York judge has scheduled Donald Trump’s criminal sentencing for January 10, marking the first time in U.S. history that a president will take office as a convicted felon. Justice Juan Merchan’s 18-page order decisively rejected Trump’s last-ditch motions to delay or dismiss the case, affirming the need for finality in the legal proceedings before Trump’s inauguration on January 20, 2025.
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Trump, convicted on 34 felony counts, had attempted to use the Supremacy Clause and other legal arguments to avoid sentencing, even invoking New York’s Clayton factors for dismissal in the “interest of justice.” Justice Merchan, however, found no legal justification for such leniency, declaring the crimes serious enough to merit sentencing.
Legal experts Ben Meiselas and Karen Friedman Agnifilo, a former Manhattan Chief Assistant District Attorney, unpacked the implications of Justice Merchan’s decision. “This is the last hurdle before Trump can be sentenced,” Friedman Agnifilo noted, though she acknowledged the possibility of Trump’s legal team seeking a stay from an appellate court.
The judge’s ruling has already signaled his intention to impose an “unconditional discharge.” Under New York law, this means Trump will not face incarceration, probation, or any other conditions. While this outcome may frustrate some, Friedman Agnifilo explained the constraints: state courts cannot impose conditions on a sitting president due to the federal Supremacy Clause.
The practical realities of federalism necessitate this decision, but Justice Merchan emphasized the importance of holding a public sentencing hearing. The judge intends to make it clear how serious Trump’s crimes were, even if the practical sentence lacks teeth.
During the hearing, the prosecution will present its case, highlighting the severity of Trump’s actions, while Trump’s legal team and potentially Trump himself will have the opportunity to respond. Friedman Agnifilo anticipates that Justice Merchan’s remarks during sentencing will carry significant historical weight. “I think it’s going to be very powerful, not just for the courtroom but for the history books,” she said.
This hearing will cement Trump’s status as a convicted felon when he takes office—a status that carries immense symbolic importance. While the unconditional discharge may not include jail time, the public record of Trump’s conviction will serve as a stark reminder of the gravity of his crimes.
Justice Merchan rejected alternative proposals, such as delaying proceedings until 2029 or applying what is known as the “Alabama rule,” which treats the sentencing of deceased defendants as a precedent for cases involving unique circumstances. Instead, Merchan chose to move forward, citing his “solemn responsibility to the justice system.”
“This is a complicated area of law, but Justice Merchan made it clear that his duty to the justice system and the American people outweighs the unique challenges posed by Trump’s presidency,” Meiselas observed.
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