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Conclusions from the hearing regarding Donald Trump’s verdict

Conclusions from the hearing regarding Donald Trump’s verdict

Donald Trump was convicted without penalty in a New York hush money case on Friday after a symbolic – and historic and unprecedented – trial following the former and soon-to-be-incumbent president’s first criminal conviction.

Judge Juan Merchan spoke to Trump for several minutes, telling the president-elect that it was the office of president – not the occupier – that was granted extraordinary legal protection, requiring him to issue a sentence of unconditional release without any penalty.

Trump chose to speak out before Merchan imposed his sentence, showing no remorse and launching the same “political witch hunt” attacks he has been referring to since he was first impeached more than 20 months ago.

In May, Trump was convicted of 34 counts of falsifying business records. While he has vowed to continue to fight his conviction in appellate courts, Friday’s verdict cements the fact that Trump will be the first convicted felon to become president in 10 days.

Here’s what you need to know from the hearing:

An unprecedented verdict

Merchan has already signaled that he will not sentence Trump to any punishment, let alone prison. The U.S. Supreme Court took notice, allowing the trial to continue on Thursday evening by a 5-4 majority, despite Trump’s objections.

That didn’t make Friday’s ruling any less significant or embarrassing for Trump, who was allowed to appear virtually at his Mar-a-Lago resort in Florida.

During Friday’s sentencing, Trump’s tone was perhaps more subdued as he spoke via virtual connection, but he nonetheless spent several minutes complaining about everyone involved in the case – prosecutors, the judge, Michael Cohen and more – claiming he had been treated unfairly.

“It was a very terrible experience,” Trump said at one point.

Trump concluded his speech by saying that voters had returned him to office, even emphasizing the fact that he won all seven swing states and the popular vote.

Voters “watched your process, so they understood it,” the president-elect said, implying that the case helped get him back to the White House.

Judge focuses on protecting ‘presidential office’

Merchan did not criticize Trump’s conduct in sentencing, focusing on the judge’s difficult task of reaching a verdict and the legal reasons why he imposed no punishment in the case.

Merchan noted that the circumstances of this case were extraordinary, but said that once the courtroom doors closed, the case continued like any other trial in the New York court system.

Merchan made it clear that it was the office of the president – ​​not Trump himself – that tied his hands regarding the silence verdict.

“It is the legal protections afforded to the office of president of the United States that are extraordinary, not the person occupying that office,” the judge said.

Last year’s seven-week trial was held without permission for audio or video recordings, but Merchan agreed to release an audio recording of Friday’s hearing, allowing the public to hear the proceedings – and Merchan’s measured tone as he delivered the sentence – for the first time.

“The substantial – indeed extraordinary – legal protection afforded by the office of CEO overrides all others,” Merchan said.

These protections, the judge said, constitute “a legal order which, under the rule of law, the court must respect and comply with.”

Prosecutors agreed with Merchan’s decision to sentence Trump to unconditional release, but Assistant District Attorney Josh Steinglass accused Trump of violating the rule of law with his conduct before and after the May jury verdict.

Steinglass noted that a probation officer who interviewed Trump for a pre-sentence probation report wrote that Trump “sees himself as above the law.”

“Far from expressing any remorse for his criminal conduct,” Steinglass added, “Trump encouraged others to reject the jury’s verdict.”

“This defendant has caused lasting damage to the public perception of the criminal justice system,” Steinglass said.

Trump takes office as a criminal

The sentence of unconditional dismissal solidifies the president-elect’s status as a convicted felon, although Trump now freely recuses himself from the case without the threat of punishment, fines or probation supervision.

The ruling essentially serves as the final judgment in the case procedurally, allowing Trump and his lawyers to continue pursuing appeals.

They argue that the Supreme Court’s ruling last summer granting blanket presidential immunity means the case should be thrown out. Although the cash payments at issue occurred in 2016, before Trump became president, some of the evidence used against him stemmed from his time in office, particularly his conversations with witness Hope Hicks.

Steinglass emphasized that “the jury’s verdict in this case was unanimous and decisive and should be respected.”

Merchan noted the legal protection of the presidency, but added that he had major reservations.

“One of the powers they don’t provide is the ability to expunge a jury verdict,” Merchan said.

The “what ifs” keep on hearing

How the American public would react or vote if Trump were convicted will always be a matter of speculation.

Trump was initially scheduled to be sentenced on July 11, but that date was repeatedly pushed back after the Supreme Court’s decision granting the president broad immunity.

Ultimately, the sentencing was postponed until after the election, allowing Trump’s victory to obliterate any real threat of legal retribution, both in the hush money case and in his federal indictments.

Merchan was not required to impose a prison sentence – and legal experts debated whether it justified the low-level crimes of which Trump was convicted – but those crimes carried a maximum penalty of four years in prison, so the judge would have had the option. He could also impose lesser penalties, such as home confinement or community service.

Speculation about what Merchan would have done if Trump had been convicted in July or if Friday’s hearing had been held after Trump had become the defeated presidential candidate may ultimately fade from history. Merchan didn’t lift a hand on Friday when he spoke to Trump and delivered his verdict.

Trump was convicted, but there will be appeals

Although the president-elect will not be punished in the hush money case, he has made it clear that he wants the verdict thrown out.

“We will appeal anyway, only for psychological reasons, because honestly, it is a disgrace. This is a judge who should not have heard this case,” Trump said Thursday evening from Mar-a-Lago.

While in office, Trump’s lawyers are expected to pursue every legal avenue to continue fighting his conviction – a process that will likely take years. Now that Merchan has issued a final ruling on the sentence, Trump’s legal team can file a substantive appeal to the state appellate court.

But Trump’s top defenders are expected to join his administration. Todd Blanche, who sat next to Trump on Friday, has been named deputy attorney general. Emil Bove, who appeared in the Manhattan courtroom on Trump’s behalf, was chosen as chief deputy attorney general.

If a lower appeals court upholds the jury’s verdict, Trump could ask the Court of Appeals, New York’s highest court, to hear his case. If his appeal in New York is unsuccessful, he could take his case to the U.S. Supreme Court – a move he is expected to continue if all other efforts fail.

Merchan concluded his role in Trump’s trial Friday with a nod to Trump’s future duties in 10 days: “Sir, I wish you my blessings as you assume your second term.”

This story has been updated with additional details.

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