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Former U.S. President Donald Trump leaves the courthouse after a jury found him guilty on all 34 counts in a criminal trial in New York State Supreme Court in New York on May 30, 2024.
Justin Lane | Via Reuters
A judge on Friday denied a request to drop a New York criminal case against the president-elect Donald Trump and set Trump’s sentencing for Jan. 10 — less than two weeks before he is scheduled to be sworn in for a second term in the White House.
Manhattan Supreme Court Justice Juan Merchan also said in a written order that he does not intend to sentence Trump to prison in the case and that he may issue a sentence of parole. That would mean no probation or fine for the president-elect.
Merchan also said Trump could appear in person or virtually for the 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 granted presidents presumptive immunity from criminal prosecution for official acts while serving in the White House, as well as because of the supremacy of the Constitution. point
Trump’s lawyers also argued that the Manhattan district attorney’s office targeted him for political reasons and illegally released information about its investigation.
In May, Trump was found guilty of 34 felony counts of falsifying commercial records in connection with a $130,000 payment that his personal attorney, Michael Cohen, made to porn star Stormy Daniels before the 2016 presidential election.
“This court finds that presidential immunity from criminal prosecution for a sitting president does not extend to a president-elect,” Merchan wrote in his ruling Friday.
The judge also wrote: “Although this Court as a matter of law should not make any determination as to sentence before giving the parties and the defendants an opportunity to be heard, at this stage it seems appropriate to report the Court’s inclination to pass no sentence of imprisonment, a sentence sanctioned by conviction, but people recognize that they no longer regard it as a practical recommendation,” Merchan wrote on Friday.
The judge also wrote that “a sentence of parole is the most viable solution to provide finality and allow the defendant to pursue his appellate opportunities.”
Trump spokesman Stephen Cheng said in a statement: “Today’s order by Acting Judge Merchan in the Manhattan Witch Hunt trial is in direct violation of the Supreme Court’s ruling on immunity and other longstanding case law.”
“This illegal case should never have been brought and the Constitution demands an immediate end,” Cheng said. “President Trump should be allowed to continue the presidential transition process and carry out the vital duties of the presidency unhindered by the remnants of this or any remnants of the witch hunt. There should be no convictions, and President Trump will continue to fight them. hoaxes until they’re all dead.”
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