After multiple failed attempts to have the hearing delayed, Donald Trump has been sentenced in the New York “hush money” case. Judge Juan Merchan delivered the sentence Friday, January 10: unconditional discharge, precisely what had been expected.
The former president, now re-elected to serve again, was found guilty back in May on 34 felony charges relating to a $130,000 payout to adult actress Stephanie Clifford, better known by her stage name, Stormy Daniels. However, Trump had been president when this issue was raised, and now he’s going to be president once again. That raises two questions: What actions taken by a president during his time in office can be charged? And what sentence can be issued against a president?
The US Supreme Court ruled in favor of a broad application of presidential immunity, and so the initial sentencing was delayed indefinitely. Recently, however, Judge Merchan rescheduled that sentencing hearing for today, ten days prior to Trump’s second inauguration. The president-elect sought relief from the courts, asking for the hearing to be delayed once again, but no court came to the rescue. After a lower New York court rejected his request, the highest appeals court in the state and the US Supreme Court quickly followed suit.
The sentence handed down to Trump today, unconditional discharge, doesn’t in itself impose any restrictions or jail time on the president-elect – which is exactly why the Supreme Court refused to intervene. By insisting on having this sentencing hearing rather than simply letting the case die by keeping it indefinitely delayed, Merchan is making the statement that, while it may be impractical or inappropriate to impose a real punishment, a crime still occurred – or, in this case, 34 crimes.
While it’s true that Merchan earlier claimed that he feels no need to impose any jail time on Trump, the way the judge worded it did leave open the possibility of a bait and switch. That said, however, had Merchan done any differently than he did, it seems likely based on the High Court’s Thursday decision that it would then step in and rule differently. In any case, Trump will almost certainly appeal the entire case now that he is sentenced.
