Judge sets Trump’s sentencing in hush money case for Jan. 10, but signals no jail time

NEW YORK — In an extraordinary turn, a judge Friday set President-elect Donald Trump’s sentencing in his hush money case for Jan. 10 — little over a week before he’s due to return to the White House — but indicated he wouldn’t be jailed.

The development nevertheless leaves Trump on course to be the first president to take office convicted of felony crimes.

Judge Juan M. Merchan, who presided over Trump’s trial, signaled in a written decision that he’d sentence the former and future president to what’s known as an unconditional discharge, in which a case is closed without jail time, a fine or probation. Trump can appear virtually for sentencing, if he chooses.

Rejecting Trump’s push to dismiss the verdict and throw out the case on presidential immunity grounds and because of his impending second term, Merchan wrote that only “bringing finality to this matter” would serve the interests of justice.

He said he sought to balance Trump’s ability to govern, “unencumbered” by the case, against other interests: the U.S. Supreme Court’s July ruling on presidential immunity and the public’s expectation “that all are equal and no one is above the Iaw,” and the importance of respecting a jury verdict.

“This court is simply not persuaded that the first factor outweighs the others at this stage of the proceeding,” Merchan wrote in an 18-page decision.

Trump communications director Steven Cheung reiterated that the case, which Trump has long described as illegitimate, should be dismissed outright.

“There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead,” Cheung said in a statement. He didn’t elaborate on Trump’s potential next legal moves.

Former Manhattan Judge Diane Kiesel said the ruling can’t be appealed under New York law, but Trump nonetheless might try to appeal it. In any event, he can appeal his conviction, a step that can’t be taken until he is sentenced.

Trump takes office Jan. 20 as the first former president to be convicted of a crime and the first convicted criminal to be elected to the office.

He was found guilty in May of 34 counts of falsifying business records. They involved an alleged scheme to hide a hush money payment to porn actor Stormy Daniels in the last weeks of Trump’s first campaign in 2016. The payout was made to keep her from publicizing claims she’d had sex with the married Trump years earlier. He says that her story is false and that he did nothing wrong.

Trump, a Republican, has decried the verdict as the “rigged, disgraceful” result of a “witch hunt” pursued by Manhattan District Attorney Alvin Bragg, a Democrat.