In May of the previous year, a New York jury convicted President-elect Donald Trump on 34 felony counts related to falsifying business records. The court had initially planned to sentence Trump in July, but the U.S. Supreme Court’s decision on presidential immunity complicated the process.
Trump requested to postpone sentencing until after the presidential election. Following his victory, he sought a further postponement as his legal team prepared to ask the court to dismiss the case.
Given that no President-elect has faced a similar situation, the court had no clear precedent. In an order released last Friday, the trial judge ruled that a President-elect does not possess the same immunity from criminal process as a sitting President. The judge acknowledged the dismissal of federal cases against Trump but highlighted that the state case had reached a different stage.
Trump also requested the court to dismiss the case “in the interests of justice,” citing New York law, which requires reviewing 10 statutory factors. After analyzing each factor’s application to Trump’s case, the judge declined to dismiss the case.
Since none of Trump’s arguments swayed the judge, sentencing is set for this coming Friday. However, the judge indicated that Trump will not face imprisonment, despite the conviction potentially warranting it. Instead, Trump is likely to receive an “unconditional discharge” as described in Section 65.20 of the New York Penal Law, avoiding jail time, fines, or supervised probation, though the conviction will remain on his record.
Trump can appeal the conviction after sentencing, which he has indicated he will do. However, he cannot pardon himself once in office, as the presidential pardon power extends only to federal convictions and does not apply to state court convictions.
Photo Credit: Andrew Leyden
