BEAKING: Trump sentenced to unconditional release, faces no jail time or penalties
By Jeph Ajobaju, Chief Copy Editor
Donald Trump, who is on the cusp of being sworn in on January 20 for a second term as United States President, was on Friday sentenced to unconditional by discharge by a New York Court over his conviction last year in his hush money case.
The sentencing, which was expected, means Trump will remain a felon (on record) but faces no jail time, penalties or probation for his conviction.
Trump did not react as Judge Juan Merchan concluded the hearing, according to reporting by CNN.
Merchan says he need not repeat the aggravating factors that he has already articulated in his recent orders.
“However the considerable, indeed extraordinary legal protections afforded the office of the chief executive is a factor that overrides all others,” he says.
“They do not reduce the seriousness of the crime or justify its commission in any way,” Merchan says of the legal protections for the office of the presidency.
“One power they do not provide is the power to erase a jury verdict,” Merchan says.
“Ordinary citizens do not receive those legal protections. It is the office of the president that bestows those to the office holder. It is the citizenry of this nation that recently decided that you should once again receive the benefits of those protections.”
Merchan notes it’s the office of the presidency that is extraordinary, not the occupant of the office
“It is the legal protections afforded to the office of the president of the United States that are extraordinary, not the occupant of the office,” he said.
Merchan says that once the courtroom doors closed, the trial was not different from any other in the courthouse.
This court has never seen such a “unique and remarkable set of circumstance,” judge says.
“Never before has this court been presented with such a unique and remarkable set of circumstance. This has been a truly extraordinary case,” he adds.
Trump leans forward as Merchan speaks
Merchan speaks, Trump is leaning forward. Trump is alternating between looking ahead at Merchan and looking down and away from the screen.
“The imposition of sentence is one of the most difficult and significant decisions that any criminal court judge is called upon to make,” Merchan adds.
Merchan says he believes that Trump needs to hear his reasoning for his sentence though he indicated his inclinations ahead of time.
Trump is insisting he is innocent at his sentencing hearing this morning. “The fact is I’m totally innocent. I did nothing wrong,” he says.
Trump mentioned his former lawyer, Michael Cohen, referring to past remarks.
“He was allowed to talk like he was George Washington, but he’s not George Washington.”
Trump details his election victory
Trump is now discussing his 2024 election victory, saying in court that he won the popular vote by “millions and millions of votes” and noting that he won all seven swing states.
“They’ve been watching your trial, so they understood it,” Trump said of the voters.
Trump said legal fees were not put down by him, but by his accountants.
“Legal fees were put down as legal expenses by accountants; they weren’t put down by me. They didn’t call them construction, concrete work,” Trump said. “They called a legal expenses a legal expense and for this I got indicted. It’s incredible actually.”
Trump calls case “a political witch hunt”
“It’s been a political witch hunt, it was done to damage my reputation,” President-elect Trump says.
Trump is going after the indictment and the charges of falsifying business records – after he chose not to testify at the trial.
He begins his statement at today’s sentencing hearing, saying “this has been a very terrible experience.”
“I think it’s been a set back for New York and New York court system. This is case that Alvin Bragg did not want to bring.”
Defense attorney says it’s “a sad day for this country”
Trump attorney Todd Blanche says it’s a “sad day” for the US.
“It’s a very sad day. It’s a sad day for President Trump, for his family and friends, but also in counsel’s view, a sad day for this country,” he says.
“A lot of what the government just said presupposes that this case is legally appropriate,” Blanche said following prosecutor Joshua Steinglass’s comments in court. Blache noted that Trump’s lawyers intend to appeal the verdict.
“A majority of the American people also agree that this case should not have been brought,” Blanche added.
“I very, very much disagree with much of what the government just said about this case, about the legitimacy of what happened in this courtroom during the trial, and about President Trump’s conduct fighting this case,” Blanche says.
Probation officer reported Trump believed he was “above the law,” prosecutor says
The probation officer who interviewed Trump for the probation report wrote that Trump believed he was “above the law,” prosecutor Joshua Steinglass says.
Steinglass acknowledges that any other conditional discharge has the potential to interfere with Trump’s obligations to the office of the presidency.
“We must be respectful of the office of the presidency” and his pending inauguration, Steinglass says.
Steinglass went on to say that a sentence of unconditional discharge preserves Trump’s status as a convicted felon while he pursues his appeals and “It gives full effect and respect of the verdict while preserving the defendants ability to govern.”
Steinglass points to Merchan’s previous comments that Trump’s conduct “constitutes a direct attack on the rule of law itself.”
“This defendant has caused enduring damage to the public perception of the criminal justice system,” Steinglass says.
Trump has been “unrelenting in his unsubstantiated attacks,” prosecutor tells the court
Steinglass tells the court that Trump has been “far from expressing any kind of remorse for his criminal conduct” and “encouraged others to reject the jury verdict.”
“He’s been unrelenting in his unsubstantiated attacks” on the court, prosecutors and the jury, Steinglass says of Trump.
Steinglass recapped the case briefly and said, “The jury’s verdict in this case was unanimous and decisive and it must be respected.”
He noted that the felonies Trump was convicted of could come with a prison sentence or other punishments without jail time.
Prosecutors recommend sentence of unconditional discharge
Steinglass says they are recommending a sentence of unconditional discharge.
“Your honor indicated an inclination to impose an unconditional discharge under all the circumstances of this case, this unique posture and the defendant’s status as president elect, the people recommend a sentence of unconditional discharge,” he said.
Merchan had previously ruled that Trump was allowed to appear in person or virtually. Trump chose to appear virtually from Florida.
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