It seemed as though we’d heard the last of Judge Merchan back in December on the heels of several wins that indicated the case was dead in the water.
First was this:
IT’S OFFICIAL: Judge Merchan ADJOURNS President Trump’s November 26th Sentencing Date!
And then came this:
Judge Merchan Grants President Trump The Right To File Motion To Dismiss
Now today we have the ruling on that Motion to Dismiss and it has been DENIED.
Not only has it been Denied but Judge Merchan has set a sentencing date for January 10th.
It's safe to say that no legal scholars or political pundits I am aware of were expecting this move today, with Jack Posobiec noting that President Trump faces up to 4 years in prison as a maximum possible sentence (coincidentally the exact same number of years of his Second Term):
BREAKING: PRESIDENT-ELECT TRUMP ORDERED TO NYC COURT ON JAN 10 TO BE SENTENCED, FACES UP TO 4 YEARS IN PRISON BY JUDGE MERCHAN
— Jack Poso 🇺🇸 (@JackPosobiec) January 3, 2025
🚨BREAKING: Judge Merchan has ordered President Trump to appear for sentencing in New York hush money case on Jan. 10, just 10 days before he's sworn in as the 47th President of the United States. The order allows President Trump to appear virtually, a signal that any possible… pic.twitter.com/nwBA1NBnDH
— Charlie Kirk (@charliekirk11) January 3, 2025
January 10th is notably just ten days prior to the Inauguration:
BREAKING: Judge Merchan has scheduled President-Elect Trump to be sentenced in the New York hush money trial on January 10th.
That is just 10 days before the inauguration. pic.twitter.com/L2xyNI9KvL
— Kyle Becker (@kylenabecker) January 3, 2025
Here's a Zoom in on the Order:
FULL TEXT:
THEREFORE, this Court finds that neither the vacatur of the jury's verdicts nor dismissal of the indictment are required by the Presidential immunity doctrine, the Presidential Transition Act or the Supremacy Clause; and
THIS COURT FURTHER FINDS that Defendant's arguments, whether independent of one another, or considered together, in support of his motions pursuant to CPL § 210.40(1) factors
(a) through () are unpersuasive as no compelling factor, consideration or circumstance submitted demonstrate that imposition of sentence would result in an injustice; and
ADVERTISEMENTTHIS COURT FURTHER FINDS that there is no legal impediment to imposition of
sentence under CPL § 210.20(1)(h); and it is
HEREBY ORDERED that Defendant's motion to dismiss the indictment and vacate the
jury verdict pursuant to CPL § 210.20(10)(h) and § 210.40(1) is denied; and it is further
ORDERED, that Defendant appear for sentencing following conviction on January 10, 2025, at 9:30 in the morning, at the Courthouse located at 100 Centre Street in New York County; and it is further
ORDERED, that Defendant may choose to appear at his sentencing in person or virtually.
Counsel is directed to inform this Court of Defendant's preference no later than January 5, 2025.
The foregoing constitutes the Decision and Order of the Court.
ADVERTISEMENTDated: January 3, 2025
New York.
New York
This FoxNews clip suggests that Judge Merchan is merely wrapping the case up so it can be "complete" and ready for any appeal, if either side decided to so appeal:
🚨BREAKING: Judge Merchan has ordered President Trump to appear for sentencing in New York hush money case on Jan. 10, just 10 days before he's sworn in as the 47th President of the United States. The order allows President Trump to appear virtually, a signal that any possible… pic.twitter.com/nwBA1NBnDH
— Charlie Kirk (@charliekirk11) January 3, 2025
The good news is that most reports agree there will be no jail time imposed. A major clue is that Judge Merchan has allowed President Trump to appear virtually, which indicates there will be no sentence requiring that he be taken into custody.
Here's is ABC News reporting that it will be an unconditional discharge, meaning there will essentially be no real punishment of any kind.
"The sentence is going to be an unconditional discharge, which means Trump is going to effectively not be punished for his conduct," Aaron Katersky reports.
Judge Merchan has ordered Donald Trump to appear for sentencing on his hush money conviction Jan. 10.
"The sentence is going to be an unconditional discharge, which means Trump is going to effectively not be punished for his conduct," Aaron Katersky reports. pic.twitter.com/qXSgKiuUxf
— ABC News Live (@ABCNewsLive) January 3, 2025
We'll continue to bring you updates as we have them.
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