The sentencing hearing of President-elect Donald Trump took place in Manhattan on Friday morning after significant post-trial court maneuvering. Trump attended remotely from Florida, along with Todd Blanche, his attorney (soon-to-be Deputy Attorney-General in the Trump Administration, pending Senate approval).
Judge Juan Merchan presided and issued the expected sentence of “unconditional release,” meaning that no jail time was imposed or any other punishment except the “convicted felon’s” tag.
Trump’s lawyers and the prosecution were given time to review the probation report. Trump’s lawyers noted that the report contained a few outdated facts due to its date and timing, but nothing that would have an impact on the sentencing.
The prosecution recommended unconditional discharge. The prosecution listed Trump’s actions since the verdict which they claim undermine it, and constitute a “direct assault on the rule of law”, seemingly contradicting themselves in their support for the unconditional discharge. (Again, highlighting the inconsistency and illogic of the case.
However, the prosecutor Josh Steinglass acknowledged that it is important to “respect the office of the president.”
Blanche responded:
“I strongly disagree with what the government has just said in regards to this case and the legitimacy of the proceedings that took place during this trial as well as President Trump’s handling of this case.”
Blanche added, “It’s a very sad day. It’s a sad day for President Trump, for his family and friends, but also, in counsel’s view, a sad day for this country.”
Trump then addressed the issue, saying, “This was a terrible experience,” and adding, “I believe it’s been a setback for New York, New York courts system.” Alvin Bragg didn’t want to bring up this case. He called it a “political Witch Hunt.”
Trump reiterated that no business records were falsified — legal costs were recorded as such — and pointed out that the American people reelected him overwhelmingly. He pointed out that despite being disbarred, his former lawyer Michael Cohen was allowed to testify, “like he were George Washington.”
Trump continued, “The truth is that I am innocent.” “I didn’t do anything wrong.”
Merchan thanked Trump for his remarks and said, “The imposition is one of the most difficult decisions any criminal court judge will have to make.” Merchan also noted that this case was unprecedented, adding, “This is a truly exceptional case.”
He referred to the aggravating circumstances raised by the prosecutor but noted:
He says that “the extraordinary, and indeed considerable legal protections provided to the office of chief executive are a factor which overrides everything else.”
Merchan, a lawyer in the United States, says that the protections afforded to the office of president do not diminish the severity of the crime.
Merchan says, “One power that they don’t provide is the ability to erase a verdict by a jury.”
“The ordinary citizen does not receive these legal protections. The office of the President is responsible for granting those protections to officeholders. The citizens of this country recently decided to give you back those benefits,” he said.
Merchan then sentenced Trump to unconditional discharge as expected.
Trump was found guilty of 34 counts of falsifying records by a jury in May 2024. Merchan, after several delays in sentencing the case, issued a sudden order on Friday (Jan. 3), indicating the sentencing will be held today (10 Jan.), just 10 days before Trump is scheduled to be inaugurated the 47th president of the United States.
Trump’s legal team has filed an appeal notice on the issue of presidential immunity (Merchan had denied the motions to dismiss the case/overturn the verdict on this basis). They argued that Merchan should not have jurisdiction over the case as long as the interlocutory appellation is pending.
Trump’s request to stay proceedings pending an appeal was rejected first by Merchan, followed by the Appellate Division, the Court of Appeals, and finally the Supreme Court.
Trump is now a felon and subject to all the restrictions that come with it. The case will be appealed but should be overturned.