Yesterday, the New York Times ran a story headlined, “
Judge Upholds Trump’s Sentencing in Hush Money Case but Signals No Jail Time.” The short version is, Judge Juan Merchan entered
an 18-page stinker of an order denying the Trump team’s latest motion to dismiss, but ended up almost apologetically advising that he doesn’t
think he will sentence Trump to any jail time.
Judge Merchan oversaw the only criminal case against President Trump that got anywhere, the case fueling all the crazed “convicted felon” campaign rhetoric. Last year, in a legal first, a New York jury found President Trump guilty of the victimless crime of ‘falsifying’ his internal business records since his bookkeeper wrote “legal expenses” on checks made out to Trump’s lawyer.
But Judge Merchan has judiciously taken his time in sentencing the President-Elect. Until Trump is sentenced, he cannot truly be said to have been “convicted,” not
really, which is driving Democrats batty. On the other hand, Trump’s appellate rights are limited until the Court issues what’s called a “final order,” defined as when the court has nothing further to do in a case.
Although Trump could have faced up to four years in prison, the judge realized the impracticality of imprisoning a President-Elect. So the court indulged in a little judicial baby-splitting. The order suggested that at a January 10th sentencing hearing, Judge Merchan would issue an “unconditional discharge,” meaning Trump would become a convicted felon but without any punishment, including incarceration, fines, or public service, so as to get everything wrapped before Trump is sworn in on January 20th.
Merchan wrote that a rare unconditional discharge “appears to be the most viable solution to ensure finality and allow defendant to pursue his appellate options.”
The Times speculated that President Trump might just accept the verdict and move on, but based on the President’s posts, he is not planning to take it lying down (nor should he) and appeals are sure to follow.
Polar vortex; Trump sentencing updates; Johnson sweeps Speaker election; Biden decorates devils with awards; New Orleans and Vegas incidents get more complicated; court signals swamp trouble; more.
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