Justice Juan Merchan has said that U.S. President-elect Donald Trump must be sentenced on January 10, 2025, in the criminal case involving hush money payments.
This decision comes after Trump’s motion to dismiss the case, citing his presidential election victory, was denied.
In May 2024, Trump was convicted on 34 counts of falsifying business records related to a $130,000 payment made by his former lawyer Michael Cohen to adult film actor Stormy Daniels.
The payment, intended to buy her silence about an alleged affair, was made before the 2016 presidential election. Trump has denied the allegations and pleaded not guilty.
Justice Merchan indicated that an “unconditional discharge” – no custody, fine, or probation – was the most viable sentencing option.
The judge stated Trump could appear for sentencing in-person or virtually before his January 20 inauguration.
Trump’s legal team argued that the case would hinder his ability to govern as president, but Justice Merchan rejected this claim. He stated that dismissing the jury’s verdict would severely undermine the rule of law.
Merchan emphasized that Trump’s status as President-elect did not warrant the extraordinary dismissal of the case, adding that the conviction stemmed from personal acts unrelated to official presidential duties.
Manhattan District Attorney Alvin Bragg’s office proposed alternatives to address concerns about the case affecting Trump’s presidency. Options included postponing sentencing until Trump leaves office in 2029, issuing a non-custodial sentence, or terminating the case without affirming or reversing the conviction.
This marks the first time a U.S. president, current or former, has been convicted of criminal charges. Trump’s attempts to overturn the conviction were unsuccessful, including an appeal citing the Supreme Court’s ruling that presidents cannot be prosecuted for official actions.
Merchan ruled that the falsification of business records, a personal act, did not infringe on presidential authority. While the offense is punishable by up to four years in prison, Trump’s age and lack of prior convictions make incarceration unlikely.
In 2023, Trump faced three additional criminal charges:
- Classified Documents Case – Dismissed by the Justice Department after his election win.
- Efforts to Overturn the 2020 Election – Federal cases dismissed following his victory.
- Georgia State Charges – Related to attempts to overturn the 2020 election in Georgia; this case remains pending.
Despite these challenges, Trump maintains his innocence and has characterized the cases as politically motivated attacks aimed at derailing his political career.