Topline
President-elect Donald Trump became the first-ever former or sitting president to be formally convicted of a felony Friday as he was sentenced in his hush money criminal case—but the president-elect was not given any penalties for his crimes.
Attorney Emil Bove, left, listens as attorney Todd Blanche and President-elect Donald Trump, seen on ... [+]
Key Facts
Judge Juan Merchan gave Trump an “unconditional discharge”—meaning his conviction stands, but he won’t face any penalties—after Trump was found guilty in May on 34 felony counts of falsifying business records, letting the president-elect walk free without any punishments.
The sentence falls far short of the maximum penalties that Trump could have faced, as each of his 34 counts was punishable by up to four years in prison and/or a maximum $5,000 fine—meaning the harshest sentence could have seen Trump imprisoned for the rest of his life, though that was always unlikely to happen.
Trump attended the sentencing virtually and continued to deny any wrongdoing in a statement he read during the proceeding, saying the prosecution against him has been a “very terrible experience” and a “setback” for New York’s judicial system and claiming he’s “totally innocent” and “did nothing wrong.”
Merchan said last week he was inclined to impose the unconditional discharge sentence given Trump’s impending presidency—which prosecutors said they would not oppose—and all but ruled out giving the president-elect prison time, noting it would not be “practicable” with Trump’s upcoming inauguration.
The judge explained his decision for the lenient sentence on Friday, saying an unconditional discharge is the only “lawful sentence” that would not “[encroach] upon the highest office in the land,” though he made clear his decision is because of Trump’s position and not him personally, specifying the protections shielding Trump from legal liability are afforded to “the office of the President of the United States” and “not the occupant of that office.”
With his sentencing, Trump can now be formally classified as a “convicted felon,” as the Justice Department notes being sentenced is necessary for a conviction.
Crucial Quote
“The protections afforded the office of the president ... do not reduce the seriousness of the crime or justify its commission in any way,” Merchan said at Friday’s sentencing, though he noted the protections of Trump’s office are a “legal mandate” that the court “must respect and follow.” However, despite the extraordinary breadth of those protections, one power they do not provide is the power to erase a jury verdict.” The judge went on to suggest that Trump would likely have faced a harsher punishment had he not been elected, saying, “Donald Trump, the ordinary citizen, Donald Trump, the criminal defendant, would not be entitled to such considerable protections.”
Chief Critic
Trump responded to his sentencing on Truth Social Friday, railing against the charges against him and claiming the unconditional discharge “proves ... THERE IS NO CASE, THERE WAS NEVER A CASE, and this whole Scam fully deserves to be DISMISSED”—even as Merchan made clear the lenient sentence was based on Trump’s impending presidency and not on his actual conduct or anything about the case. “Today’s event was a despicable charade, and now that it is over, we will appeal this Hoax, which has no merit, and restore the trust of Americans in our once great System of Justice,” Trump wrote.
Can Trump Appeal His Conviction?
Trump’s sentencing means he can now formally appeal his conviction and try to have it overturned, which he has already said he will do. The president-elect has argued the case against him should be thrown out in light of the Supreme Court’s recent ruling giving him some immunity from criminal prosecution and because of his impending presidency, though Merchan has already struck down both those claims.
What Is An Unconditional Discharge?
New York law states an unconditional discharge can be imposed when the “court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant's release,” and means the defendant is released “without imprisonment, fine or probation supervision.”
Can Trump Pardon Himself?
No. Trump can only pardon federal charges once he becomes president, and he was convicted on state charges. It’s also still legally unclear if he could pardon himself even if they were federal charges: The Justice Department issued guidance during the Watergate scandal saying presidents can’t pardon themselves, though the issue has never been tested in practice.
What Can’t Trump Do As A Convicted Felon?
Convicted felons face a number of restrictions, and Trump will not be able to do things like own a firearm or hold state public office. He will not be barred from voting, as Florida—where Trump now resides—defers on that to the state law where the felon was convicted, and New York allows felons to vote as long as they’re not incarcerated. Most notably for the president-elect, felons face a number of international travel restrictions, as more than a dozen countries—including Canada, Australia, the United Kingdom and China—bar convicted felons from entering. That could mean Trump will have to get special permission to travel there as president, as CBS News notes President George W. Bush previously had to get a waiver to travel to Canada as president because he previously pleaded guilty to a drunk driving misdemeanor. Trump’s restrictions could be cleared in three years, when Trump becomes eligible to apply for a Certificate of Good Conduct from New York State that would waive his legal restrictions.
Key Background
A jury found Trump guilty on 34 felony counts in May following a weekslong trial, as Trump was charged based on a hush money payment his ex-attorney Michael Cohen made to adult film star Stormy Daniels ahead of the 2016 election. Trump reimbursed Cohen through a series of payments, which prosecutors successfully argued were falsely labeled as being for legal services. Trump was initially scheduled to be sentenced in July, but successfully managed to have the sentencing repeatedly pushed back, first to September and then until after the election. While Trump’s sentencing was initially postponed following his presidential victory, Merchan scheduled it for Friday in a shock order last week, coming after even prosecutors had acknowledged it should likely take place after Trump leaves office. Merchan argued that the sentencing should still move forward because the fact it was delayed until right before the inauguration was Trump’s own doing, and in requesting that it be pushed back until after the election, Trump should have been prepared for it to take place even if he won. Trump then frantically tried to have the sentencing paused, but Merchan, a New York appeals court and the state’s highest court all rejected his request. The sentencing got its final green light to move forward Thursday night when the Supreme Court allowed it to take place in a 5-4 ruling, finding the sentencing would not burden Trump’s transition given “the trial court’s stated intent to impose a sentence of ‘unconditional discharge’ after a brief virtual hearing.”
