Donald Trump is now a convicted felon and will become the first president of the United States to be convicted of a crime.

On January 10, 2025, Judge Juan Merchan, who presided over the trial in the New York State Court, sentenced Trump to unconditional release on all 34 first-degree felony counts of falsifying business records. In court statements, Trump maintained the argument he has made throughout the prosecution that the entire case is a witch hunt.

"The truth is, I'm completely innocent," Trump said in a video of his appearance.

During the sentencing, Merchant said he was acutely aware of the unique circumstances facing him and the country. He described the trial as ordinary, while acknowledging that the circumstances surrounding the case were extraordinary.

"The court has never before encountered such a unique and extraordinary situation," Merchan said.

The sentencing brings an end to this phase of the case. Once the final verdict is officially entered, Trump can appeal the case, as he has the legal right to do so. Trump's attorney, Todd Branch, made it clear at the sentencing that Trump planned to appeal.

Trump ultimately failed to block the verdict

On May 30, 2024, a New York County jury found Trump guilty of 34 counts of first-degree falsification of business records. In New York State, it is a Class E felony to falsify information with the intent to defraud, commit another crime, or assist or conceal the commission of another crime.

Each count of the Class E felony carries a potential penalty of up to four years in prison and a fine of up to $5,000. However, the trial court retains the discretion to impose a sentence taking into account other factors, such as the defendant's criminal history.

In recent court filings, Trump has sought to overturn his conviction, saying the U.S. Supreme Court's recent decision on presidential immunity from criminal prosecution means he cannot be found guilty.

On July 1, 2024, the U.S. Supreme Court concluded that the Constitution provides "absolute immunity from criminal prosecution for conduct ... within the scope of its constitutional authority." The court also concluded that the president enjoys "at least constructive immunity from prosecution for all of his official acts" and "no immunity for unofficial acts."

To be clear, Trump was convicted of illegal conduct that occurred before his first term as president. While the Supreme Court's July 1 ruling appears to apply to state and federal criminal prosecutions, the court held that unofficial conduct does not enjoy immunity, and falsifying business records certainly does.

On January 3, 2025, a silent judge rejected Trump's argument about presidential immunity because the Supreme Court's immunity ruling did not apply to Trump's case in New York.

On January 9, 2025, the New York Supreme Court refused to block Trump's decision. Later the same day, the U.S. Supreme Court rejected Trump's emergency request to halt the sentencing, saying in an order that "the sentencing imposes a relatively small burden on the President-elect's responsibility given the trial court's purported intention to impose." . An 'unconditional discharge' was imposed after a brief virtual hearing. "

In fact, Merchant has shown no willingness to jail the president-elect. In the order rejecting President Trump's immunity argument, Merchin said, "At this juncture, it seems appropriate to indicate the court's preference not to impose any custodial sentence."

Even if Merchin imposes a prison sentence, many constitutional scholars, including myself, believe Trump's sentence will be delayed until at least his next term in the Oval Office.

Instead, Merchin made "unconditional release" a sentence. That means Trump will not be subject to any penalties or conditions, such as jail time or parole.

Serve the public interest, not time

Under New York law, a court "may impose an unconditional discharge...if the court, having regard to the nature and circumstances of the offense and the defendant's history, character, and condition, determines that either a sentence of imprisonment would be neither in the public interest nor consistent with the ends of justice, probation supervision is inappropriate."

Specific to Trump's case, Murcha wrote, "a sentence of unconditional release appears to be the most feasible solution to ensure a final outcome and allow (Trump) to pursue appellate options."

In short, after considering the totality of the circumstances, including Trump's re-election as president, Murchin concluded that it was in the public's best interest not to incarcerate Trump, which was also his right as a judge.

Generally, trial courts retain wide discretion in sentencing. Legislatures can, and often do, establish sentencing guidelines that set forth the penalties that trial judges may impose. It can be seen from this case that the New York State Legislature allows the trial judge to issue an "unconditional release" sentence at his discretion.

Unusually, Trump sought to vacate the guilty verdict before sentencing. Typically, criminal defendants have no legal right to appeal their sentences until the final verdict is rendered. In criminal law, the final judgment must include the sentence imposed on the defendant.

But, of course, this is no ordinary criminal case. As Merchant suggested, continuing the sentencing would be in Trump's favor because it would lead to his final sentence, allowing him to properly appeal his conviction.

This story has been updated to reflect the U.S. Supreme Court's order denying Donald Trump's request to postpone his Jan. 10 sentencing and to include the actual sentence against Trump.