New York Supreme Court Justice Juan Merchan has rejected an attempt by President-Elect Donald Trump to dismiss his business records case and ordered sentencing for Jan. 10.
“This Court finds that neither the vacatur of the jury’s verdicts nor dismissal of the indictment are required by the Presidential immunity doctrine, the Presidential Transition Act or the Supremacy Clause,” Merchan said on Jan. 3.
"Finding no legal impediment to sentencing and recognizing that Presidential immunity will likely attach once Defendant takes his Oath of Office, it is incumbent upon this Court to set this matter down for the imposition of sentence prior to January 20, 2025," Merchan wrote.
However, while some on the left may be hoping this is the last gambit to avoid four years of 'Hitler' reigning over them with the chance of the judge to #LockHimUp, Merchan said an unconditional discharge "appears to be the most viable solution" and he would allow Trump to appear virtually.
"While this Court as a matter of law must not make any determination on sentencing prior to giving the parties and Defendant an opportunity to be heard, it seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration, a sentence authorized by the conviction but one the People concede they no longer view as a practicable recommendation," Merchan wrote.
Trump, 78, had faced as many as four years in prison in the hush money case after a jury in May found him guilty on 34 felony counts of falsifying business records for payments to an adult film star before the 2016 election.
Merchan rejected each of Trump’s arguments for dismissal, including that allowing a criminal conviction to hang over a sitting president would undermine his authority. The judge noted that Trump won the election even after he was convicted in the case.
“Whatever stigma that might have existed, will most certainly not interfere with defendant’s ability to carry out his duties — both as president-elect and as the sitting president,” Merchan said.
However, as The Hill points out, Merchan's decision keeps Trump’s criminal conviction on the books.
“This court has painstakingly considered the respective arguments of the parties and finds that setting aside the jury verdict is not the best or only way to reconcile the competing interests,” Merchan said.
The judge state that the importance of keeping the New York jury’s guilty verdict against Trump intact could not “possibly be overstated.”
“Indeed, the sanctity of a jury verdict and the deference that must be accorded to it, is a bedrock principle in our Nation’s jurisprudence,” he said.
This would mean he would be the first felon to assume the presidency, though Trump can still appeal the jury’s verdict.