Topline
The Supreme Court on Thursday rejected President-elect Donald Trump’s effort to stop a sentencing hearing in his hush money case, essentially guaranteeing the first-ever sentencing of a former president on criminal charges will take place Friday in New York—though Trump will likely face few, if any, penalties, and is all but certain not to be sentenced to prison.
Former President Donald Trump walks out of the courtroom following the first day of jury selection … [+]
Getty ImagesKey Facts
Trump’s sentencing is scheduled for 9:30 a.m. EST on Jan. 10, after Manhattan-based Judge Juan Merchan issued an order Friday scheduling Trump’s sentencing and rejecting the president-elect’s request for Merchan to throw out the guilty verdict.
The Supreme Court late Thursday evening rejected Trump’s last-ditch request to pause the sentencing, voting 5-4 with conservative Justices Amy Coney Barrett and John Roberts siding with the three liberal judges.
The high court said the hearing doesn’t need to be put on hold because Trump’s argument for why the verdict should be thrown out can be heard through the normal appeals process, plus the sentencing will place a “relatively insubstantial” burden on Trump since Merchan has indicated he’ll impose no penalties.
New York’s Court of Appeals, the state’s highest court, also refused to stop Trump’s sentencing Thursday morning, as the president-elect went to the court after both Merchan and a New York appeals judge declined to pause it while Trump appeals two orders Merchan issued upholding the guilty verdict.
A jury found Trump guilty on 34 felony counts for falsifying business records related to payments made to Stormy Daniels, which are each punishable by up to four years in prison and/or a fine of up to $5,000 (Trump has long denied all wrongdoing).
Merchan has all but ruled out sentencing Trump to prison, however, noting Friday his “inclination to not impose any sentence of incarceration” and acknowledging prosecutors have admitted putting Trump in prison would not be “practicable” given his impending presidency.
The judge said granting Trump an “unconditional discharge” seems to be the most “viable solution,” which means Trump will still be convicted of the crimes, but will not have any penalties levied against him.
What Will Trump’s Sentence Be?
While Merchan has suggested he’s likely to grant an unconditional discharge, his final ruling on Trump’s sentence could be different. If the judge does not grant an unconditional discharge, Trump could still be fined up to $170,000 even if he’s not given prison time, based on a $5,000 fine per charge. The judge could also impose other penalties like probation, though that’s unlikely, given the logistical issues that could present given Trump’s presidency.
What Is An Unconditional Discharge?
An unconditional discharge, as Trump is likely to get, can be imposed under New York state law when the “court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant’s release.” When a defendant is given an unconditional discharge, the court will have to give its reason for doing so, and the defendant is released “without imprisonment, fine or probation supervision,” according to New York law.
Will Trump Still Be A Convicted Felon?
Yes. By being sentenced, even if he’s given an unconditional discharge, Trump will formally be convicted of his 34 crimes, as the Justice Department notes being sentenced is necessary for a conviction. The sentencing also means Trump will then be allowed to formally appeal the jury’s verdict against him, which he can’t do before his sentencing.
Can Trump Pardon Himself?
No. This criminal case against Trump was brought in state court, and presidents only have the power to pardon federal charges. (Both federal criminal cases against Trump have been dropped.) It’s also still an open legal question whether Trump could pardon himself in a federal case to begin with: The Justice Department issued guidance in 1974 during the Watergate scandal saying presidents cannot pardon themselves, though the issue has never actually been tested in practice.
What Can’t Trump Do As A Convicted Felon?
Convicted felons face a number of restrictions, though many of them are unlikely to apply to Trump, like holding state public office. Trump will not be able to serve on a jury or own a firearm, and most notably, many countries have travel restrictions that bar convicted felons from entering, which means that as president he may have to get special permission for some travels. That wouldn’t be a first, as CBS News notes President George W. Bush had to get a waiver to travel to Canada as president because he previously pleaded guilty to drunk driving. More than a dozen countries have such restrictions in place, including Australia, Canada, China, Japan and the United Kingdom.
Key Background
A jury found Trump guilty on 34 felony counts of falsifying business records in May following a weekslong trial. Trump was charged based on a hush money payment his ex-attorney Michael Cohen paid adult film star Daniels before the 2016 election, which Trump then reimbursed through a series of payments that prosecutors successfully argued were falsely labeled as being for legal services. Trump pleaded not guilty to the charges and has long denied any wrongdoing. Trump’s Friday sentencing comes after the president-elect was successfully able to delay his sentencing for months after it was initially scheduled for July, first until September and then until after the election. The sentencing had been postponed indefinitely before Merchan scheduled it for Friday. Trump’s sentencing also comes as his other criminal cases have fallen apart in the wake of his presidential win. His two federal cases were dismissed due to the Justice Department’s policy against prosecuting sitting presidents, while the fate of his criminal case in Georgia is up in the air following an appeals court ruling to disqualify Fulton County District Attorney Fani Willis from overseeing the prosecution.
Surprising Fact
Trump’s expected unconditional discharge—likely the only criminal sentence he’ll receive, at least before he takes office—marks a far cry from the potential penalties of up to 717 years in prison and $11.2 million in fines he could have received, if he had been found guilty on every charge he was indicted on in his four criminal cases and given the maximum penalty for each.
Further Reading
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