N.Y. judge upholds Trump conviction but won’t impose jail time

A New York judge is upholding President-elect Donald Trump’s criminal conviction but signaled he will not impose jail time.

State Supreme Court Judge Juan Merchan said Friday the best way to dispose of the case is an unconditional discharge, which is a lenient alternative to probation or incarceration. He set sentencing for Jan. 10 — 10 days before the presidential inauguration — and told Mr. Trump to appear either in person or virtually, given the demands of his transition to the White House.

However, Judge Merchan refused Mr. Trump’s request to throw out the jury’s decision to convict him on 34 counts of falsifying business records, meaning Mr. Trump faces the prospect of becoming the first president to celebrate his inauguration as a convicted felon. The defense argued that doctrines around presidential immunity require dismissal of the case.

“To dismiss the indictment and set aside the jury verdict would not serve the concerns set forth by the Supreme Court in its handful of cases addressing presidential immunity nor would it serve the rule of law,” Judge Merchan wrote in an 18-page ruling on Friday. “On the contrary, such decision would undermine the rule of law in immeasurable ways.”

Even if the New York sentencing proceeds in the coming days, Mr. Trump won’t be headed to the slammer.

“It seems proper at this juncture to make known the court’s inclination to not impose any sentence of incarceration, a sentence authorized by the conviction but one the people concede they no longer view as a practicable recommendation,” Judge Merchan wrote.

It is unclear whether Mr. Trump will face sentencing before he returns to the White House. He may appeal the decision and get another reprieve. Mr. Trump’s team said they will fight the order.

“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,” Trump communications director Steven Cheung said. “There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead.”

Sentencing has been delayed repeatedly since a Manhattan jury conviction Mr. Trump in May following a multi-week trial in the so-called hush money case.

The judge, after months of review, recently refused to dismiss the conviction over claims a Supreme Court ruling on presidential immunity invalidated the case, given certain evidence presented at trial that centered on Mr. Trump’s first term.

At trial, prosecutors said Mr. Trump criminally concealed a hush-money payment to adult film star Stormy Daniels around the 2016 campaign with an intent to violate election laws.

They said Mr. Trump paid Ms. Daniels through Michael Cohen and concealed reimbursements to the lawyer in 2017 by misidentifying checks.

Mr. Trump’s lawyers said Mr. Trump was busy running the country and thought he was paying Mr. Cohen for legal services, so his team logged the checks in that manner. They also said the trial was politically motivated and designed to thwart Mr. Trump’s presidential campaign.

Liberal opponents of the president-elect had hoped his legal troubles would sink him. Instead, Mr. Trump seemed to thrive from the adversity and won the GOP primary and general election against Vice President Kamala Harris.

Special counsel Jack Smith moved to dismiss federal cases against Mr. Trump, and a Georgia racketeering case against Mr. Trump is in limbo due to a conflict of interest concerning Fulton County District Attorney Fani Willis.