Trump Gets No Punishment After Conviction in Hush Money Case

(Bloomberg) -- Donald Trump, the first former US president convicted of a felony, was sentenced by a New York judge to no jail time in his hush money case, though he’ll still return to the White House this month with a criminal record.

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Justice Juan Merchan on Friday gave Trump a so-called unconditional discharge at a hearing attended virtually by the president-elect. The sentence means Trump emerges from the case without any probation, fine, or continued responsibility to the court, despite a jury convicting him of 34 felony counts.

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The judge imposed his sentence in a packed courtroom in lower Manhattan, just 10 days before Trump will be sworn in as the 47th US president. It caps off a week of rapid-fire legal challenges by his lawyers, who sought to delay the hearing, including a failed last-ditch attempt to get the US Supreme Court to block it.

Merchan, who previously signaled he would impose no punishment, said the unusually light sentence was a direct result of a July 1 ruling by the Supreme Court that gave the president broad immunity for acts while in office.

“The considerable — indeed extraordinary — legal protections afforded by the office of the chief executive is a factor that overrides all others,” said Merchan, who refrained from criticizing Trump directly. “Despite the extraordinary breadth of those protections, one power they do not provide is the power to erase a jury verdict.”

The hush-money trial centered around Trump approving a $130,000 payment to an adult-film star during the 2016 presidential campaign to keep her from going public with allegations that they had an affair a decade earlier.

Trump denies her claims and any wrongdoing, saying the case was part of a coordinated “witch hunt” intended to undermine his re-election. Shortly after the sentence was imposed, he vowed to appeal it in a post on Truth Social.

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Trump has stepped up his fight since his November election victory to erase the conviction, and will now seek to overturn his verdict through New York’s appellate courts. The case could return to the US Supreme Court.

Video Appearance

Trump, appearing by video from Mar-a-Lago, reprised his familiar complaints about District Attorney Alvin Bragg, the decision to prosecute him, and what he describes as the weaknesses of the case.

“This has been a very terrible experience,” Trump said, seated at a table in front of two large American flags.

Trump defended his actions around the business records at the center of the case, saying he properly accounted for them as legal fees or expenses.

“They weren’t put down by me, they were put down by accountants,” he said. “For this, I got indicted? It’s incredible, actually.”

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While prosecutors agreed with the judge’s decision to issue no substantial punishment, they emphasized the “overwhelming evidence” of Trump’s wrongdoing that led to the conviction.

“The verdict in this case was unanimous and decisive and it must be respected,” said Joshua Steinglass, a member of the DA’s legal team. “It is a bedrock principle.”

Steinglass also criticized Trump’s conduct during the trial last year, saying “the once and future president” engaged in a “coordinated campaign” to undermine justice. Trump has “caused enduring damage to the public perception of the criminal justice system” and “sees himself as above the law,” he said.

The hearing unfolded briskly and lasted about 40 minutes. Merchan greeted Trump, who did not acknowledge the judge. When it was his turn to speak, Trump’s comments echoed those he made on the campaign trail and in media appearances during the trial.

“I think it’s a disgrace to the system,” Trump said. “I’m the first president of the United States who wasn’t allowed to talk because I’m under a gag order. I’m totally innocent, I did nothing wrong.”

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Trump cited his election victory as evidence that Americans didn’t believe the criminal cases against him were valid. He campaigned to return to the White House amid four criminal prosecutions, though the hush money case was the only one that went to trial before voters went to the polls.

“They watched the trial, they understood it,” Trump said.

‘Unprecedented Case’

Merchan described the case as “unprecedented” and said that the court had never been presented with “such a unique set of circumstances.” He said that if Trump was an ordinary defendant, the sentencing likely would have been different.

But the Supreme Court made clear that a president has “extraordinary legal protections” that changed how Merchan viewed the case, he said.

Those protections “do not reduce the seriousness of the crime or justify its commission in any way,” he said. “The protections are, however, a legal mandate, which pursuant to the rule of law, this court must respect and follow.”

Fordham Law Professor Cheryl Bader, a former federal prosecutor, said the judge and the district attorney’s office both indicated that Trump’s behavior during and after the trial would have weighed against him in a typical case.

“The prosecution raised Trump’s complete lack of remorse and his efforts to undermine and delegitimize the criminal justice process,” Bader said. “These are factors that usually weigh against a lighter sentence, but Judge Merchan felt his hands were tied.”

As the hearing closed, Merchan wrapped up the proceedings quickly. He said “the only lawful sentence” he could impose was an unconditional discharge.

“Therefore, at this time I impose that sentence to cover all 34 counts,” Merchan said. “Sir, I wish you godspeed as you assume your second term in office.”

(Updates with judge’s comments and law professor’s comment)

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