The New York Judge has refused President-elect Donald Trump’s attempt to overturn his conviction in a criminal hush money case.
Judge Juan Merchan denied Trump’s request based on the Supreme Court’s ruling on presidential immunity.
He stated that Trump will not be sent to prison and scheduled the sentencing for January 10, giving Trump the option to appear either in person or virtually.
Merchan had previously rejected Trump’s lawyers’ motion to dismiss charges on the grounds of presidential immunity.
The trial originated from an investigation into hush money payments led by the Manhattan District Attorney’s Office, with Trump pleading not guilty to 34 counts of falsifying business records.
Merchan wrote in his decision that he is not likely to “impose any sentence of incarceration,” but rather a sentence of an “unconditional discharge,” which means there would be no punishment imposed.
Trump is expected to be inaugurated as the 47th President of the United States on January 20. Merchan mentioned that he is still reviewing other motions filed by Trump to dismiss the case.
He also rejected the District Attorney, DA’s, suggestion that he preserve the verdict, but end proceedings as it would deny Trump’s right to a path to appeal.
However, Trump spokesman and incoming White House Communications Director, Steven Cheung, stated that there should be no sentencing, and that Trump will continue fighting against hoaxes until they are all dead.
“Today’s order by the deeply conflicted, Acting Justice Merchan in the Manhattan DA Witch Hunt is a direct violation of the Supreme Court’s Immunity decision and other longstanding jurisprudence.
“This lawless case should have never been brought and the Constitution demands that it be immediately dismissed. President Trump must be allowed to continue the Presidential Transition process and to execute the vital duties of the presidency, unobstructed by the remains of this or any remnants of the Witch Hunts,” he said.
