A judge sentenced Donald Trump to an unconditional discharge on Friday for concealing hush money payments to a porn star, despite the US president-elect’s last-minute efforts to avoid becoming the first felon in the White House.
The judge spared Trump from prison or a fine, even though his May 2024 conviction on 34 counts of falsifying business records carried potential jail time.
Instead, New York Judge Juan Merchan handed down the lightest criminal sanction available—an unconditional discharge, a relatively rare measure.
“Never before has this court been presented with such a unique and remarkable set of circumstances,” Merchan remarked.
“The only lawful sentence that permits entry of a judgment of conviction without encroaching on the highest office of the land is an unconditional discharge.”
Trump attended the sentencing virtually as the judge, lawyers, and media filled the Manhattan courtroom, the scene of a dramatic trial that included legal wrangling and Trump’s fiery public commentary.
“This has been a terrible experience. I think it’s been a tremendous setback for New York and the New York court system,” Trump said before the discharge was issued.
“It was done to damage my reputation so I would lose the election.”
Appearing via video, Trump was shown with two large US flags behind him,
wearing a red tie with white stripes, as he impatiently watched the
proceedings.
Prosecutor Joshua Steinglass, ahead of sentencing, described Trump’s actions as a “premeditated and continuous deception.”
“The verdict in this case was unanimous and decisive, and it must be respected,” Steinglass said.
During the trial, witnesses testified that Trump fraudulently concealed payments to porn star Stormy Daniels to prevent her from revealing their alleged affair ahead of the 2016 presidential election, which Trump won.
Trump sought a suspension of the criminal proceedings after the New York State appeals court dismissed his attempt to delay the hearing. However, the Supreme Court ruled the sentencing could proceed.
Prosecutors argued against postponing the sentencing, which came just 10 days before Trump is set to be sworn in for a second term, saying it was improper for the Supreme Court to intervene when Trump still had legal avenues of appeal in New York.
First presidential conviction
An unconditional discharge upholds the jury’s guilty verdict without imposing sanctions or restrictions, solidifying Trump’s status as the first former president convicted of a felony.
The 78-year-old could have faced up to four years in prison.
“He’s thumbing his nose at the judge, the jury, and the justice system,” said Bennett Gershman, a former prosecutor and law professor at Pace University, ahead of the sentencing.
Outside the courthouse, Trump supporters held a giant banner with his name, battling strong winds, while anti-Trump demonstrators gathered with signs reading “Trump is guilty.”
Trump’s legal team argued the sentencing should have been delayed pending his appeal, but New York State Associate Justice Ellen Gesmer rejected the request earlier in the week.
Trump has repeatedly called the prosecution a “witch hunt,” a claim Steinglass said was “designed to have a chilling effect.”
“This defendant has caused enduring damage to public perception of the criminal justice system,” Steinglass added.
Despite the controversy, Trump was certified as the winner of the 2024 presidential election on Monday, just four years after his supporters stormed the US Capitol to overturn his 2020 defeat.
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