Judge upholds Trump's conviction, sets sentencing in hush money case for Jan. 10 while signaling no jail time

Manhattan Supreme Court Justice Juan Merchan on Friday upheld the conviction of President-elect Donald Trump for falsifying business records to cover up an affair and set a Jan. 10 date for sentencing — 10 days before his inauguration ceremony.

The judge, however, signaled that the punishment for the incoming commander in chief will likely not include jail time.

"It seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration," the judge wrote in his long-awaited decision regarding a date for the sentencing hearing.

Trump’s defense team sought to delay and then toss the jury verdict, arguing it is unconstitutional to try a sitting president.

Merchan blamed the delays in sentencing on Trump, saying he requested the pause in the schedule knowing that he could be reelected.

"It was fair for this court to trust that his request to adjourn sentencing until after the election carried with it the implied consent that he would face sentencing during the window between the election and the taking of the oath of office," the judge wrote.

Last May, a Manhattan jury convicted Trump on 34 counts of falsifying business records regarding a $150,000 reimbursement to his former fixer Michael Cohen for paying hush money to former adult film star Stormy Daniels after she said she had a sexual affair with the wealthy real estate mogul in 2006.

Manhattan District Attorney Alvin Bragg charged that Trump had been part of a scheme to hide the tryst from the voting public ahead of the 2016 presidential election.

Just before the scheduled July 11 sentencing date, the U.S. Supreme Court ruled that sitting presidents are immune from criminal prosecutions for official acts in the performance of their elected duties. The decision went on without elaborating that presidents could also be immune to prosecutions for some nonofficial acts while in office.

The decision prompted Trump’s legal team to request delays to file arguments that parts of the trial testimony should have been excluded under this decision and therefore the verdict should be set aside.

"To dismiss the indictment and set aside the jury verdict would not serve the concerns set forth by the Supreme Court in its handful of cases addressing presidential immunity nor would it serve the rule of law," Merchan wrote. "On the contrary, such decision would undermine the rule of law in immeasurable ways."

Delays in the sentencing were compounded by the 2024 presidential election and accusations by Trump’s lawyers that punishing their client during the heated campaign amounted to election interference.

After Trump won, his legal team argued that presidents-elect are protected by the same constitutional protection that shields sitting presidents from prosecutions.

Bragg’s office opposed dismissing the case and took the unusual step of arguing the judge should adopt a procedure used in Alabama that preserves a conviction after a defendant has died. Merchan rejected this option because it does not allow the president-elect to appeal the verdict.

Prosecutors also suggested that the sentencing be delayed until after Trump finishes his second term in office, which the judge said was "less desirable."

The maximum prison sentence for falsifying business records in New York is 4 years; however, the judge could impose a punishment that does not include time behind bars but would require him to check in with a probation officer or perform community service. This is called a conditional discharge. Merchan could also impose an unconditional discharge that carries no such requirement but leaves the felony conviction as part of the public record.

Merchan did not say what punishment Trump would face on Jan. 10, but hinted that "a sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow Defendant to pursue his appellate options."

Bragg’s office did not immediately respond to a request for comment on the judge’s ruling.

Trump spokesman Steven Cheung said the president-elect disagreed with the decision.

"There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead," he said in a statement to The Associated Press.