By Wayne Unger
Donald Trump is now a convicted felon, and will be the first president of the United States with a felony conviction.
On Jan. 10, 2025, Justice Juan Merchan, who presided over the trial in a New York state court, sentenced Trump to an unconditional discharge for all 34 felony counts of falsifying business records in the first degree. In his statement to the court, Trump maintained the point he had made throughout the prosecution, that the whole case was a political witch hunt.
“The fact is, I’m totally innocent,” said Trump via a video appearance in the court.
During the sentencing, Merchan said he was keenly aware of the unique set of circumstances before him and the country. He characterized the trial as ordinary while acknowledging the context of the case was extraordinary.
“Never before has this court been presented with such a unique and remarkable set of circumstances,” said Merchan.
The sentencing brings this phase of the case to an end. Once the sentence is officially entered in a final judgment, Trump can appeal the case, as he has a legal right to do so. Trump’s attorney, Todd Blanche, made clear during the sentencing that Trump intends to appeal.
Trump ultimately failed to block sentencing
On May 30, 2024, a New York County jury found Trump guilty on 34 counts of falsifying business records in the first degree. That constituted a Class E felony in the state of New York, when the falsification is committed with an intent to defraud, commit another crime, or to aid or conceal the commission of another crime.
Class E felonies carry a potential penalty of up to four years in prison and a fine up to $5,000 for each count. Trial courts reserve discretion, however, to impose a sentence that accounts for other factors, such as the defendant’s criminal history.
In recent court filings, Trump sought to get his guilty verdict thrown out, arguing that the U.S. Supreme Court’s recent decision on presidential immunity in criminal prosecutions meant he can’t be found guilty.
On July 1, 2024, the U.S. Supreme Court had concluded that the Constitution provides “absolute immunity from criminal prosecutions for actions within his … constitutional authority.” The court had also concluded that presidents hold “at least presumptive immunity from prosecution for all his official acts” and “no immunity for unofficial acts.”
To be clear, Trump was convicted of unlawful conduct that occurred before his first term as president. And while it appears that the Supreme Court’s July 1 ruling applies to both state and federal criminal prosecution, the court held there is no immunity for unofficial acts, which the falsification of business records undoubtedly is.
Steven Hirsch-Pool/Getty Images
On Jan. 3, 2025, Justice Merchan rejected Trump’s argument regarding presidential immunity because the Supreme Court’s immunity decision is not applicable in Trump’s New York case.
On Jan. 9, 2025, New York’s highest court declined to block Trump’s sentencing. The U.S. Supreme Court late in the same day denied Trump’s emergency bid to halt the sentencing, saying in its order that “the burden that sentencing
will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of ‘unconditional discharge’ after a brief virtual hearing.”
Indeed, Merchan had expressed little willingness to impose prison time for the president-elect. In the order rejecting Trump’s presidential immunity argument, Merchan said, “It seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration.”
Even if Merchan imposed prison time, many constitutional law scholars, including myself, argue that Trump’s sentence would, at minimum, be deferred until after his next term in the Oval Office.
Rather, Merchan imposed “unconditional discharge” as a sentence. That means there are no penalties or conditions imposed on Trump, such as prison time or parole.
Serving the public interest, not time
According to New York law, a court “may impose a sentence of unconditional discharge … if the court, having regard to the nature and circumstances of the offense and to the history, character and condition of the defendant, is of the opinion that neither the public interest nor the ends of justice would be served by a sentence of imprisonment and that probation supervision is not appropriate.”
Regarding Trump’s case specifically, Merchan wrote, “A sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow (Trump) to pursue his appellate options.”
Put simply, it appears Merchan, having considered the totality of the circumstances, including Trump’s election to a second term as president, concluded, as is his right as a judge, that it is in the best interest of the public not to imprison Trump.
Generally, trial courts reserve a tremendous amount of discretion when it comes to imposing sentences. Legislatures can, and often do, set sentencing guidelines, prescribing what penalties trial judges can impose. It is clear in this case that the New York State Legislature allows trial judges to, at their discretion, deliver “unconditional discharge” as a sentence.
Uniquely, Trump had sought dismissal of his guilty verdict before his sentencing. Normally, criminal defendants do not have a legal right to appeal their verdicts until a final judgment is entered against them. In criminal law, a final judgment must include the defendant’s sentence.
But, of course, this is not your ordinary criminal case. As Merchan hinted, moving forward with the sentencing favored Trump because it would result in a final judgment being entered against him, thus enabling him to properly appeal his conviction.
Wayne Unger is Assistant Professor of Law at Quinnipiac University.
Ed P says
Trey Gowdy said it best. Does anyone else see how incongruent the sentence appears? You have the President of the United States, commander in chief, who has the nuclear code but can’t legally own a bullet.
Jackson says
Shame on those four enabler Justices and voters! Putting politics before the law while making a mockery of our judicial system!
He might get away from fair punishment for his crimes, but now he’ll never be able to actually run from the fact that he’s a convicted criminal. At some point America has to decide if our justice system applies to everyone equally or if you can buy your way out of it if you’re rich enough or get allowances just because you’re popular or famous. Most people aren’t rich, popular or famous and are being overseen by a judgement system that more and more seems to be selective in how it’s applied. SMH!
Pogo says
@Wayne Unger
Informative.
Wallingford says
Trump did not want to be sentenced today so he would not be a convicted Felon when he entered Office on January 20th. Now that he is a convicted Felon how does 10 U.S.C 504 apply to him. If a convicted Felon cannot enlist in the military under this statute how can Trump be the Commander in Chief? As a convicted Felon he is not worthy of a salute
Judith G. Michaud says
A slap on the hand! Anyone else would have a jail sentence! This Felon should have been in jail 4 years ago! I feel Garland dropped the ball and my question is why? This man committed the most egregious crime against our Capitol and what it stands for! I cannot fathom anyone with any commonsense voting for such an obvious liar and cheat! We can only pray we can get through the next four years with this evil man at the helm! God Bless America!
Charles says
Merrick Garland failed the people and our country. Trump never should have been allowed to run for any political office.
He ran so he could get a Get Out of Jail Card, and that is exactly what happened. It should have been stopped after January 6th.
And if he lets those that were charged with that insurrection get a pardon, that is an insult and slapped in the face of all law enforcement agencies in our country.
The MAGA Republican party is just as much to blame, and they have all broke their Oath of Office to the US Constitution just like Trump did and will continue to do.
In six months tells yourself what has he done to help me personally and don’t lie to yourself he will have done nothing.
Dan says
All you cup cakes need a new life, quite sucking your thumb and let this great land become the beacon of light to other countries who finally are looking up to us once again. America is again strong, to be feared, not craped on when you dems run it.
Sherry says
“Equal Justice For All” ends up being just a load of horse shit! Our political and justice system is now completely corrupt!
Atwp says
Why should we be surprised. An old white man not going to jail for his crimes. The old Jim Crow way. Am glad he will die one day, that is in Gods Hands, Trump will die. A convicted felon leading this country, very bad and sad. God help African Americans and other people of color, we will need it.
Frederick Reinders says
The commander in Chief is neither commissioned by Congress nor enlisted as a noncommissioned servicemember. The rank and position are defined in the US Constitution and are held by the serving US President. Congress has no authority in this assignment of duty.
The various government officials in the chain of command that are appointed to civilian positions in the government agencies controlling the military are similarly NOT subject to the regulations controlling who may enlist or be commissioned as an officer in the US Uniformed Services as they are directly appointed by the US President with their appointment approved by the US Senate (except recess appointments)
Sherry says
@ dan. . . anger management/psychological counseling on how to be a good human being would benefit you, your family and all who know you greatly.
Jim says
Dan, please expand on your comment! What countries are looking up to us? I’d love to know. Maybe a few dictators are happy. But what countries that have been our allies all these years are cheering Trump’s return?
And, suddenly, America is strong again? Just like that? After being “weak” (your opinion) for 4 years, instantaneously we’re strong? Amazing. MAGA is full of magicians!
Well, I’ll not go on. It’s a waste of effort. I do look forward to a year from now when I check on the price of eggs and gas – both of which the orange god has promised to cut in half. I hope you can remember that as well. I know it won’t make any difference to you but it’ll be fun for the rest of us to watch your mental contortions.
Joe D says
I’m sorry, but all I can say to Dan is :🤣🤣🤣🤣🤣🤣🤣🤣
I give it 18 months into office for the REAL effects of TRUMP 2.0 to tear this country apart …and destroy DECADES of world ALLIANCE relationships. And you THINK prices are going DOWN?!? Just wait until he starts coming for YOUR personal rights, in an effort to MAKE AMERICA GREAT AGAIN!!!
I PRAY I’m wrong for the sake of my children and grandchildren ( and the rest of the Country)…but I don’t think I am…..18 months from Inauguration ( if not sooner)…we’ll reassess if MAGA worked
PS: other countries are ALREADY laughing behind his back…the Gulf of AMERICA…what a joke!
Ed P says
FYI,
The 34 felonies that Trump was convicted of revolves around the $130,000 paid to Stormy Daniels for a non disclosure agreement.
Here’s the absurd breakdown. Total payment was over the course of 2017.
11 charges for the invoices Cohan sent
11 charges for the checks written
12 charges for ledger entries
34 felonies for 1 crime???????
Was it even a felony, since nearly 100% of journal entry mis postings are misdemeanors? Bragg was politically motivated. Who got hurt? What was the crime? He was not charged with stealing the election. He was charged with accounting errors???
The absurdity of the stretching the charges 34 times, then calling them felonies, and ending with a non punished conviction has to be apparent. Political Lawfare.
Just for intellectual honesty, would you believe this to be fair and just if it was not Trump but any other CEO in American? Try to be honest and truthful at least with yourself.
Atwp, one day we all will die. The theme of your post racially charged.
Joe D says
I’m sorry, but all I can say to Dan is :🤣🤣🤣🤣🤣🤣🤣🤣
I give it 18 months into office for the REAL effects of TRUMP 2.0 to tear this country apart …and destroy DECADES of world ALLIANCE relationships. And you THINK prices are going DOWN?!? Just wait until he starts coming for YOUR personal rights, in an effort to MAKE AMERICA GREAT AGAIN!!!
I PRAY I’m wrong for the sake of my children and grandchildren ( and the rest of the Country)…but I don’t think I am…..18 months from Inauguration ( if not sooner)…we’ll reassess if MAGA worked
PS: other countries are ALREADY laughing behind his back…the Gulf of AMERICA…what a joke!
Joe D says
Sorry Frederick..the laughing post was meant for “Dan”
Frederick: you are 100% technically correct, but think about how SAD it is that a CONVICTED and SENTENCED felon will be running the military.
My adopted youngest son, just joined the Marines last September…he said “for some stability in his career.” Now I’m hoping that TRUMP “stability” doesn’t cost my son (and others) their lives.
Skibum says
It makes perfect sense that Gowdy would be straight-faced talking about Trump having an unconditional discharge from a sexual encounter with a porn star while Melania was at home and pregnant with their youngest son, Barron.
Ed P says
And yet 77 million+ people did vote for Trump. Good or not, he will be the next President of the United States. Accept it.
Anyone railing against any President is unpatriotic because they are railing against our country and hoping for failure, hurting everyone. Criticism is one thing and useful, the vitriol and hatred goes beyond that and is counterproductive.
Dennis C Rathsam says
What a joke! Can anyone explain what TRUMP did wrong? This was Joe Bidens way of going after his political enemy! This trail was a farse from the begining, and it wont be long before this felon sticks! Soon as TRUMP appeals this case, his felony disappears! Every legal schollar admitts this case never should have goneA to trail! How much money did NYC spend on this folly? MILLIONS!!!! And for what….So all you fools out there, enjoy your felony moment! It wont last long You know the best thing about this trail, every America saw through the democratic bullshit, they got THIER ass handed to them! the house the Senate all CONTROLED by the GOP Americans voted for change, and thank God we,re gonna get it You wont see a Democrat president for 12 years or longer!
Mark says
The Orange Convicted Felon Kool-Aid is strong.
Tony Mack says
It appears that the United States may brag about having a “legal” system where all citizens are equal under the law but it falls far short of having a “justice” system where Trump is concerned. That must change…Jack Smith should be ordered to release all his findings as to January 6 and do it now!
Land of no turn signals says says
Yep a convicted felon who had a land slide win in the election.So how bad were the the candidates for the Democrats ? Yea that bad! I would stick your heads back in the sand.
Tony Mack says
Sadly, Jim, if those prices don’t retreat and healthcare costs balloon and the VA budget is cut…they will blame it all on Joe Biden, Kamala Harris and every politician with a “D” behind their name.
Tony Mack says
Instead of asking how bad were the Democratic candidates, you might want to examine the mindset of millions of voters who approve of a convicted felon being in the Oval Office. Congratulations — you’ve put a criminal in the White House, in charge of the military, in charge of the Treasury…a known cheater who thinks nothing of lying to millions of voters and openly threatening to use the power of the Federal Government to retaliate against his enemies…”I am your Retribution…”
If it makes you proud to have voted for Trump, then like Germany in the Thirties, we are headed down a long and rocky road. Ninety million Germans followed their despotic leader, who also promised them retribution and retaliation, right off the cliffs of humanity.
Yes, you hate Democrats, Joe Biden, Nancy Pelosi and any politician with a “D” behind their name. But you will take Social Security, Medicare, Medicaid, maybe the VA — all Democratic programs. We’ll overcome your hate…you, sir, never will…
Jake from state farm says
Easy Sherry. It ill be OK. As you and your ilk predicted the Nazi’s will be high stepping down Pennsylvania ave in just 8 days. The internment camps will be opened and the end of our Constitutional Republic will occur. It should have been so easy for you liberals to defeat such a man. The media and the left have been after him since he came down the escalators before his first term as your President. You even kept after him during Biden’s admin where you and the media and the White House tried to hid Biden’s cognitive decline. And even exposing these criminal activities you liberals could not defeat him. What happened? Surely you should have been able to defeat him in the election with the brilliant candidate who was appointed to run against him. She is truly worthy of being a member of Mensa International . What happened Sherry? How could she be defeated and not even won a swing state and lost the popular vote? How Sherry? How?
Jake from state farm says
FYI Joe. Other countries have been laughing at us for putting a senile old man in office and laughing at us as the media tried to hide it. The have laughed at us as as we take care of their expenditures and let them get by scott free. They are now pissed at us because the gravy train is over.
Chris says
this man is not worthy of the sweat off my brow!!!!!
Chris says
Didn’t Frump rally against Biden when he won the election in 2020? Wasn’t it a rally against our country when he told people to attack the Capitol ? Frump claims it was peaceful only to make him look good. I don’t think so.
Chris says
Ed , you must be drinking the orange kool-aid by the gallons. Really see the man man he is. I think he is taking notes from Putin by trying to take over countries. Either buying them(?) or taking them by force. What makes him different from Putin or others like him?
Ed P says
Since credentialed facts are important to you, Baron was born 4 months earlier. At least if you are going to rail against Trump and our country, tell the truth.
Skibum says
Lest you forget, Ed, the coverup is always worse than the original crime. Remember Nixon, the “I am not a crook” GOP crook?
Skibum says
If you need someone to explain to you all of the many, many, many things that Trump has done wrong, not only would it take a full semester’s term, but REALLY? You REALLY need someone to sit down and talk you through it? In my opinion, it would be a futile exercise and a complete waste of oxygen, because of people apparently just like you who are somehow unable to discern right from wrong without having flash cards to tell them the correct answers. Amazing!
BillC says
Perfect portrait of Trump- a cardboard cutout, all image no depth.
Ed P says
Ski bum and Chris,
So I am to understand you both think the 34 felony convictions were just and deserved?
If you both do, I pray neither of you are ever on a jury of my peers…
Sherry says
Borrowing from C:
“To argue with a person who has renounced the use of reason is like administering medicine to the dead.”
Thomas Paine
Therefore, I’ll not waste my treasured time with Maga Trolls.
Laurel says
Oh, okay! Big difference there!
Someone define “adultery” for me please!
Laurel says
Chris: I agree, but if you don’t salute him, he’ll send you off to Siberia!
I know, it’s disgusting.
Laurel says
Dan: To say the Dems “craped” (to form ringlets; to curl; to crimp) is amusing, but you seem to forget that it was the trumplicans who literally crapped in our Capital.
Trump: “I love the poorly educated.”
Laurel says
Don’t tell anyone to be “easy” as if your “ilk” makes any sense at all.
Laurel says
Trump pardoned Stone who has Nixon tattooed on his back. What a group!
Laurel says
Jake fsf: Reagan was diagnosed with Alzheimer’s, while in office, and it was covered up. Biden has not been diagnosed as such. How is it the Republicans ignore these facts like the plague? Go ahead, explain about Reagan.
Joe D says
Apparently we have a SERIOUS difference of opinion (free speech and differences of opinion are still allowed in this …at least at the MOMENT!!
I still give it 18 months from his Inauguration…Tick Tock Jake
Skibum says
So now you somehow know the exact timing of Trump’s accidental… I’m sorry, unconditional, discharge with Stormy the porn star? Tell us, was it just one discharge, or several? Since you seem to know so much about all of that disgusting period, when Trump boasted about being able to grab women by their genitals was he referring to Stormy Daniels, the porn actress, or other women he happened upon and took advantage of while his wife was pregnant, or as you suggest, post-pregnancy and caring for her newborn baby boy? Please enlighten us some more, because I’m sure there is way more to his despicable behavior, and your apparent clarification trying to make this very unseemly and adulterous sexual behavior by Trump seem better is just not working for the rest of us.
Skibum says
Not to worry, Ed, you’re safe. Every single jury summons I have ever received was voided by the court each time I arrived to serve and they found out I was an active, or now, retired law enforcement officer. Despite my willingness to serve, they just won’t have me.
Nephew Of Uncle Sam says
January 6th 2021 should be enough, traitor should be in prison.
Nephew Of Uncle Sam says
Landslide? The convicted felon didn’t even break 50%, he does love the poorly educated.
Sherry says
“During times of universal deceit, telling the truth becomes a revolutionary act.” Vive La Revolution!
Jake From State Farm says
You show you are not even serious when you say “he told people top attack the capital”. Why do you have to lie like that? Are you that desperate?
Jake From State Farm says
So out of my reply that is what you got? Really? You have to go back to Reagan? Not sure if any countries laughed at us because of Reagan but I can tell you that friends and coworkers I have in Europe and Asia have and are laughing at us because of Biden.
Skibum says
Sorry, Jake, but Putin’s Russia and Kim Jong Un’s N. Korea don’t count.
Sherry says
Thank you Skibum! Unfortunately, you are feeding medicine to the dead. . . brain dead that is!
Laurel says
Jake fsf: Yet, you defend a compulsive liar.
The Capital rally was planned. People came with Trump flags, Dixie flags, zip ties and weapons. Trump told this group to “Be there, it will be wild!” Then, he told them to go to the Capital, that he will be there. He was not. He is notorious for firing up his crowd, with the lie that the election was stolen. It was not. They were ready to be riled up, and they were. They then stormed the Capital, which was shown live right before our eyes. Trump sat by for three hours, watching it on TV, and said nothing to stop them, and as President of the United States, and the crowd’s leader, he could have stopped them immediately, but he didn’t, even thought his supporters were threatening the life of the Vice President of the United States. Trump stated “So?”
Then, Trump supporters said the crowd was not Trump supporters, they were ANFIA. After that, they said the crowd was Black Lives Matter. Then Trump said he would pardon them (make up your minds, folks). Then Trump supporters put out the lie that it was Nancy Pelosi’s fault that the crowd broke in. You know, the crowd who was searching for her, calling out threats. Then, the Republicans, who ran for their lives, said the crowd was ushered in by the Capital Police, who were actually attacked by these supposed “tourists.”
Please tell me, how do you rationalize this in your mind?
Ed P says
Laurel,
Your Jan 12 post that Regan was diagnosed with Alzheimer’s while in office.
Just tripped over the fact that it was 5 years after he left office.
His letter in his library is dated Nov 1994.
Facts matter, there wasn’t a cover up.
Skibum says
Ed, there has long been a debate about Reagan’s Alzheimer’s symptoms, and the timeframe when those symptoms became noticeable. There certainly were indications that he had it before it was formally announced after he left office, and even his own son, Ron, has previously claimed that Reagan did in fact have Alzheimer’s when he was in the WH. His son was very outspoken about things he saw within the Reagan family and presidency.