Donald Trump Hush money case: New York Judge Juan Marchan announced on Friday (January 3) that US President-elect Donald Trump will be sentenced on January 10, 2025, which will be 10 days before his inauguration. According to AFP report, this punishment is related to the hush money case, in which he had given money to porn star Stormy Daniels to remain silent. On this, Marchen indicated that he was not in favor of giving jail sentence to Trump and showed inclination towards unconditional release. This means that Trump will not be subject to any conditions, but he will enter the White House as a convict.
Trump, 78, was convicted on 34 counts, including falsifying business records and paying porn star Stormy Daniels money to keep quiet before the 2016 election. Trump could be sentenced to up to four years in prison, but legal experts hope he will not be sent to jail. Trump plans to appeal the case, which could delay the sentencing. Trump’s lawyers had sought to dismiss it based on the Supreme Court’s landmark ruling and other judicial rulings that former presidents are immune from prosecution for many official acts while in office.
Trump will get exemption after taking oath
However, the judge rejected this argument but said that after the swearing-in, Trump would be exempted from prosecution. Trump’s spokesman Steven Cheung criticized the sentencing decision and called it a violation of the Supreme Court’s immunity decision. Cheung said the case should never have been brought and should be dismissed immediately. He also said that Trump will keep fighting until all these cases are closed.
Trump facing two federal cases
Trump still faces two federal cases brought by special counsel Jack Smith, but those cases were dismissed under Justice Department policy that does not allow the prosecution of a sitting president. Trump has also been accused of conspiracy to overturn the 2020 election results and removal of confidential documents, but these cases will be closed keeping in mind his security as President.
Law regarding criminal prosecution of the President
Regarding the criminal prosecution of the President in the US Constitution, the Supreme Court has not clearly held that the President is immune from prosecution. This concept is based on the interpretation of the Department of Justice, particularly under advice provided by its Office of Legal Counsel (OLC). OLC believes that criminal charges, prosecutions, and convictions can disable the presidency, rendering the President unable to discharge his or her duties.
OLC also believes that it would be unconstitutional to incapacitate a serving president in this manner. For this, there are provisions in the Constitution like impeachment or 25th amendment. The President can be removed from office through impeachment, whereas under the 25th Amendment, an incompetent President can be removed from office.
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