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Trump's sentencing in hush money case: What to expect and what it means

Donald Trump's sentencing is scheduled for 9:30 am EST (8 pm IST) on Friday, January 10, following a ruling by Judge Juan Merchan last week

Donald Trump, Trump

Photo: Bloomberg

Nandini Singh New Delhi

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The spotlight turns to New York this Friday as US President-elect Donald Trump faces sentencing in a hush money case. Despite the high stakes, the outcome is unlikely to lead to prison time, according to Forbes.
 
Here’s what you need to know about this case and what lies ahead for Trump.
 

Sentencing set for January 10

 
Trump’s sentencing is scheduled for 9:30 am EST (8 pm IST) on Friday, January 10, following a ruling by Judge Juan Merchan last week. Merchan rejected Trump’s request to delay the process or dismiss the guilty verdict altogether, a decision that came as a surprise, even to prosecutors who had suggested postponing the sentencing until after Trump’s presidency.
 
 
The case revolves around 34 felony charges of falsifying business records tied to hush money payments made to adult film star Stormy Daniels. Each charge carries a potential penalty of up to four years in prison or a fine of up to $5,000. However, Merchan has made it clear that incarceration is not on the table, citing both practical and legal considerations.
 

Why no prison time?

 
Judge Merchan has indicated his "inclination to not impose any sentence of incarceration." Prosecutors themselves have acknowledged that jailing a sitting president would be logistically challenging, if not impossible. The judge has floated the idea of an unconditional discharge—a legal outcome that spares Trump from fines, probation, or prison time while still marking a formal conviction.
 

What’s an unconditional discharge?  

 
Under New York state law, an unconditional discharge is granted when the court determines that imposing penalties serves no meaningful purpose. While Trump would still be formally convicted of the charges, he would walk away without any immediate consequences. The judge would, however, need to justify this decision in court.
 

Could Trump face other penalties?

 
Though unlikely, Judge Merchan could choose to impose fines of up to $170,000 or other penalties, such as probation. The logistical hurdles of enforcing such measures on a sitting president make this scenario improbable.  
 

Appeals in motion

 
Meanwhile, Trump isn’t going down without a fight. His legal team has already filed an appeal to block the sentencing and overturn the guilty verdict, arguing that the judge has overstepped his authority. The appeal hinges on claims that sentencing Trump before his inauguration "threatens the presidency."  
 
While the timeline for the appeals court ruling is unclear, the case could be delayed further if Trump’s team successfully drags out the process until after January 20. Judge Merchan acknowledged this possibility in his ruling, suggesting that sentencing could still be postponed depending on the outcome of Trump’s appeal.
 

Will Trump be a convicted felon?  

 
Yes. Even if granted an unconditional discharge, Trump’s conviction will be formally recorded. This step is necessary to allow him to appeal the jury’s verdict. Without sentencing, no formal conviction exists in the eyes of the law.
 

Can Donald Trump pardon himself?

 
No. Presidential pardon powers only apply to federal crimes, and this case was brought in state court. Both federal criminal cases against Trump have already been dropped. The broader question of whether a president can pardon themselves remains unresolved, though a 1974 Justice Department memo during Watergate argued against it.

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First Published: Jan 08 2025 | 4:47 PM IST

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