A judge has ordered US president-elect Donald Trump to be sentenced next week in his New York hush money case – but has suggested he will not jail him.
In a surprise move, the sentencing has been set for 10 January, just 10 days before the presidential inauguration.
Trump’s spokesperson called the case “lawless” and a “witch hunt” in a statement released after the date was announced.
He was found guilty in May of 34 counts of falsifying business records, relating to an alleged scheme to hide a hush money payment to adult actress Stormy Daniels in the last weeks of his first campaign in 2016.
Judge Juan Merchan, who presided over the trial, has now confirmed sentencing will go ahead, but signalled in a written decision that he would hand down what is known as a conditional discharge, in which a case gets dismissed if a defendant avoids re-arrest.
“While this court as a matter of law must not make any determination on sentencing prior to giving the parties and defendants, 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 authorised by the conviction but one the people concede they no longer view as a practicable recommendation,” the judge said.
The development still puts Trump on course to be the first president to take office convicted of felony crimes.
Lawyers for the 78-year-old had pushed to dismiss the verdict and throw out the case on presidential immunity grounds, due to his impending return to the White House.
Judge Merchan rejected this argument, saying he found “no legal impediment to sentencing” and that it was “incumbent” on him to do so prior to the inauguration.
Trump has always denied a sexual encounter with Daniels, but was convicted of falsifying business records over a $130,000 (£102,000) payment to allegedly keep her from publicising claims in the lead up to the 2016 election.
Responding to the sentencing order, the president-elect’s spokesperson, Steven Cheung, called the judge “deeply conflicted” and said the case was a “witch hunt” by the Manhattan district attorney.
“This lawless case should have never been brought and the constitution demands that it be immediately dismissed,” he said. “President Trump must be allowed to continue the presidential transition process and to execute the vital duties of the presidency, unobstructed by the remains of this or any remnants of the witch hunts.
“There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead.”
The president-elect has shaken off other legal cases following his win over Kamala Harris.
Prosecutors ended two federal cases over alleged efforts to overturn his 2020 election loss and claims he hoarded classified papers at his Florida estate.
A separate state case in Georgia – again over election interference claims – is largely on hold.
Trump has denied the allegations in all the cases.
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