Trump Avoids Prison, Gets Felony Conviction in Hush Money Case

Donald Trump was sentenced to an unconditional discharge in the New York hush money case, making history as the first former president to face criminal charges while in track for a second term. Trump dismissed the sentence as a politically motivated witch hunt, alleging that it was designed to undermine his bid for re-election and discredit his incoming administration.

US Judge Juan Merchan sentenced Donald Trump in a Manhattan courtroom after his guilty verdict on 34 felony counts of falsifying business records related to an alleged scheme to conceal a hush-money payment made to adult film actress Stormy Daniels in the final weeks of his 2016 presidential campaign. The payment was made to prevent Daniels from publicly disclosing an alleged affair she had with Trump years earlier. 

“After careful analysis and obedience of government mandates, pursuant of law, the court feels the only sentence is an unconditional discharge, which is a lawful and permissible sentence for falsifying business records,” Merchan said.

US Judge Juan Merchan stated that it was the office of the presidency, rather than the individual occupying it, the one entitled to extraordinary legal protections, which prevented the imposition of jail time or penalties.

Trump's legal team is contesting several aspects of his conviction, claiming that the US Supreme Court's broad immunity ruling from July 2024 should result in the conviction being overturned. However, this immunity ruling does not cover actions Trump took before becoming president or unofficial acts. The only potential link to the case, which Judge Merchan has already dismissed, is evidence suggesting that Trump may have engaged in official acts, a point his legal team argues warrants overturning the conviction.

While the Supreme Court has not yet intervened, it may review the case in the future. The sentence has been seen as an example of how the courts will uphold the rule of law. “Today’s sentencing, light as it inevitably will turn out to be, might just provide some hope that over the next four years, the courts will not simply cower and fold when Trump and his incoming administration are litigants before them,” said Ray Brescia, Professor of Law, Albany Law School.