Judge insists Trump must be sentenced in criminal case but signals no jail

A judge has decided when Donald Trump will be sentenced for his conviction related to paying hush money to a porn star. The sentencing will happen on January 10, and the judge hinted that Trump probably won’t go to jail.

Judge Juan Merchan rejected Trump’s attempt to throw out the case, even though Trump won the presidential election. Trump can choose to attend the sentencing either in person or by video call, which will happen just 10 days before he becomes president again.

The judge suggested that the most likely punishment would be what’s called an “unconditional discharge” – meaning Trump wouldn’t face jail time, wouldn’t have to pay a fine, and wouldn’t be on probation.

Trump’s team hasn’t commented on this decision yet.

Trump’s lawyers tried for a second time to get the case dismissed, saying that dealing with this legal issue while being president would make it hard for him to do his job. But the judge disagreed, saying that throwing out the jury’s decision would “undermine the Rule of Law in immeasurable ways.”

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The judge wrote: “Defendant’s status as President-elect does not require the drastic and ‘rare’ application of (the court’s) authority to grant the (dismissal) motion.”

Originally, Trump was supposed to be sentenced on November 26, but after he beat Kamala Harris in the November 5 election, the judge delayed it.

The prosecutors who brought the case (from the Manhattan District Attorney’s office) suggested some middle-ground solutions instead of throwing out the jury’s verdict. They proposed waiting to sentence Trump until after he leaves the White House in 2029, guaranteeing he won’t go to prison, or simply ending the case without officially sentencing him, similar to what happens when someone dies after being found guilty but before being sentenced.

This whole case is about a $130,000 payment that Trump’s former lawyer, Michael Cohen, made to adult film actor Stormy Daniels. The money was paid to keep her quiet before the 2016 election about a sexual encounter she claims she had with Trump ten years earlier. Trump says this never happened.