The sentence on Trump’s silence is set for January 10

A judge on Friday rejected a request to dismiss New York’s criminal hush money case against the president-elect. donald trump and set Trump’s sentencing for Jan. 10, less than two weeks before he is sworn in for a second term in the White House.

Manhattan Supreme Court Justice Juan Merchán, in a written order, also said he is not willing to sentence Trump to prison in the case, and could impose a sentence of unconditional release. That would mean that the president-elect would have no probation or fine.

Merchan also said Trump had the option of appearing in person or virtually for sentencing next week.

In his ruling, the judge rejected arguments by Trump’s lawyers that the case should be dismissed because of a U.S. Supreme Court ruling last summer that said presidents had presumptive immunity from criminal prosecution for official acts while They served in the White House, and because of the supremacy of the Constitution. Clause.

Trump’s lawyers also argued that the Manhattan district attorney’s office targeted him for political motivations and illegally leaked information about their investigation.

Trump was convicted at a trial in May of 34 felony counts of falsifying business records in connection with a $130,000 hush payment that his then-personal attorney, Michael Cohen, made to porn star Stormy Daniels before the presidential election. of 2016.

“This Court finds that presidential immunity from criminal prosecution for a sitting president does not extend to an elected president,” Merchan wrote in his Friday ruling.

The judge also wrote: “While this Court, as a matter of law, should not make any sentencing determination before giving the parties and defendants an opportunity to be heard, “It seems appropriate at this time to make known the Court’s inclination not to impose any sentence of incarceration, a sentence authorized by the conviction but which the People admit they no longer consider a viable recommendation,” Merchan wrote Friday.

The judge also wrote that “a sentence of unconditional release appears to be the most viable solution to ensure finality and allow the defendant to pursue his appeal options.”

Trump spokesman Steven Cheung said in a statement: “Today’s order by the deeply conflicted Acting Judge Merchan in the Manhattan DA’s witch hunt is a direct violation of the Supreme Court’s immunity decision and another long-standing jurisprudence”.

“This illegal case should never have been filed and the Constitution requires that it be dismissed immediately,” Cheung said. “President Trump must be allowed to continue the presidential transition process and execute the vital duties of the presidency, unhindered by the remnants of this or any remnants of the witch hunt. There should be no sentencing, and President Trump will continue to fight against these deceptions until they are all dead.”

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