CNN
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A New York judge ruled Friday that President-elect Donald Trump will face no legal penalties for his conviction in the hush money case.
But Judge Juan Melchán upheld Trump’s conviction in the case, rejecting the president-elect’s efforts to overturn the jury’s verdict because of his November re-election bid. This makes it certain that Trump will become the first convicted felon to become president.
Machan set sentencing for January 10, but indicated the case was effectively over. The court hearing comes 10 days before Mr. Trump is sworn in for a second term, a reminder that his legal troubles played a key role in his return to power in Washington.
In his ruling, Marchan cited Trump’s plans to appeal, saying not imposing a fine would bring “finality” to the case while allowing Trump to continue appealing his conviction. Such a complaint would lack urgency because Mr. Trump would not be subject to punishment that could jeopardize his ability to serve as president.
“A sentence of unconditional release appears to be the most viable solution to ensure finality and allow the defendant to pursue his appellate options,” Marchand wrote.
The judge also said he would allow Trump to appear virtually in order to allay concerns about the president-elect’s “mental and physical strain during the transition period.”
“Judge Marchand’s advance announcement that he would not impose punishment and holding the hearing remotely was a wise move, as the Trump campaign seeks to argue in federal court that sentencing imposes a significant burden. It will ruin your efforts.” CNN Senior Legal Analyst Ellie Honig said:
In Friday’s ruling, Marchand reiterated an internal opinion within the U.S. Justice Department that a sitting president is not subject to prosecution, which is not binding in court but applies to federal actions. He said he considered the points made by the Justice Department in those opinions, as well as points raised by Mr. Trump in his arguments in the New York court. He said he found those concerns did not justify delaying sentencing.
In May, Trump accused then-lawyer Michael Cohen of paying $130,000 in hush money to adult film star Stormy Daniels to keep her from speaking out about an alleged affair. He was found guilty of 34 counts of falsifying records. 2016 election. (Mr. Trump has denied having an affair.)
‘He’s very angry’: Haberman on President Trump’s reaction to hush-money ruling
President Trump’s sentencing was scheduled for July, but was postponed twice due to Supreme Court immunity.
Trump’s lawyers initially argued that prosecutors relied on evidence of Trump’s official conduct in the White House and called for Trump’s conviction to be thrown out based on the Supreme Court’s decision on presidential immunity. was. After the election, Trump’s lawyers argued that Trump’s presidency was a “legal bar” to further criminal proceedings, based on both the Supreme Court’s presidential immunity doctrine and the Constitution’s Supremacy Clause, which gives priority to federal law. and filed a new motion asking for the lawsuit to be dismissed. Regarding state law.
Mr Machan said last month that the conviction should not be thrown out because of the High Court’s July ruling. In his decision, Marchan said the Supreme Court’s ruling that President Trump should be granted broad immunity for his official actions while in office does not mean the conviction should be thrown out. The court ruled that the evidence presented by the Manhattan District Attorney’s Office had nothing to do with President Trump. Official acts as president.
Manhattan District Attorney Alvin Bragg had argued that Trump’s conviction should be upheld. The district attorney’s office said in court documents that while the sentence could be delayed or changed as a result of Trump’s re-election, rejecting the jury’s conviction would be an unwarranted “extreme remedy.” Ta. A spokeswoman for the firm declined to comment Friday.
President Trump’s press secretary Stephen Chan said Friday’s ruling was a “direct violation” of the Supreme Court’s immunity decision.
“President Trump must be allowed to continue the presidential transition process and carry out the important duties of his presidency, unencumbered by the remnants and remnants of the witch hunt. There should be no sentencing and President Trump will continue to fight until all rumors are dead,” said Chan.
This story has been updated with additional developments.
