A New York judge upheld President-elect Donald J. Trump’s criminal conviction but implied that he may not face any punishment. The judge favored an unconditional discharge as the most viable solution. This sentence would not impose any requirements on Trump to walk free. He was facing up to four years in prison for 34 counts of falsifying business records related to a sex scandal in 2016. The judge’s ruling upholds the first criminal conviction of an American president, denying him the opportunity to clear his record before returning to the White House.
The ruling does not guarantee that Trump will face sentencing on Jan. 10 as scheduled. His lawyers could appeal to postpone the sentencing, or Trump might choose to accept it as a way to continue pursuing his appellate options. Appealing to higher courts and ultimately to the Supreme Court, where three conservative justices appointed by Trump preside, is a possibility. If the sentencing occurs, it would be highly unusual as no other defendants in similar cases received an unconditional discharge. A lenient sentence would reflect the difficulty of jailing a president-elect or sitting president.
Despite facing four criminal cases in different jurisdictions last year, Trump is expected to avoid jail time and not have his record cleared. A federal special counsel recently shut down cases in Washington, D.C., and Florida, following a Justice Department policy of not prosecuting sitting presidents. In Georgia, where Trump faced accusations related to the 2020 election results, an appeals court disqualified the prosecutor, causing the case to fall apart. Legal experts in New York predicted that Trump would not have served more than a few weeks or months even if he had lost the election.
Manhattan prosecutors declined Trump’s lawyers’ request to drop the case after his election victory, stating that erasing the conviction would undermine the public’s confidence in the criminal justice system. Trump’s lawyers argued that the case should be thrown out to allow him to focus on his presidency without distraction. They also cited a Justice Department policy against prosecuting sitting presidents, which federal special counsel Jack Smith adhered to when dropping his cases against Trump. The judge emphasized that the policy does not grant blanket presidential-elect immunity or allow the dismissal of prior criminal acts.
The sentencing date for Trump is set for Jan. 10, and he has the option to appeal the decision, postpone the sentencing, or accept it and continue to pursue his appeals. The lenient sentence he may receive could be a result of the practical difficulty of jailing a president-elect or sitting president. Despite facing multiple criminal cases last year, Trump is likely to avoid spending any time in jail. The judge’s ruling has provided insights into the legal complexities surrounding the prosecution of a president or president-elect.
