Unconditional discharge: President-elect Donald Trump sentenced without penalty in New York hush money case

Just 10 days out from his second inauguration, President-elect Donald Trump has made history: sentenced by the Manhattan Criminal Court for his felony conviction in a hush money trial, becoming the first US president to enter office with a guilty judgment on their permanent record.

Mr Trump was convicted on 34 felony counts of falsifying business records by the court in May of 2024, over $US130,000 ($210,000) in hush money payments made to porn star Stormy Daniels before the Republican first ran for president in 2016.

Despite multiple failed attempts to delay sentencing, and have the case thrown out altogether, Mr Trump appeared via video link as an “unconditional discharge” sentence was handed down by Acting Justice of the New York Supreme Court Judge Juan Merchan, meaning the president-elect would not be jailed or fined.

The felony, considered a Class E offence in the US, could have seen Mr Trump imprisoned for four years, as well as being handed thousands in fines for each individual count.

In the moments before Mr Trump was sentenced, he was given the opportunity to speak, choosing to use his time to claim he was “totally innocent” and “did nothing wrong”.

President-elect Donald Trump addresses the court before sentencing

Appearing on a computer screen set up in front of a printer, the president-elect wore a dark blue suit paired with a red and white stripe tie as he sat next to his attorney Todd Blanche.

“This has been a very terrible experience,” Mr Trump said.

“I think it has been a tremendous setback for New York and the New York court system.

“I just want to say I think it’s an embarrassment to New York.”

Mr Trump went on to dispute the classification of “falsifying business records”

“Well the falsification of business records, as they say, was calling a legal expense, in the books where everybody could could see them, a legal expense,” Mr Trump said.

“In other words, that legal fees, or a legal expense were put down legal expense by accountants.

“I didn’t call them construction, or concrete work. I didn’t call them electrical work, I didn’t call them anything.

“They called a legal fee or legal fee or a legal expense a legal expense. For this, I got indicted.

Mr Trump added that the case had been a “political witch hunt” to damage his reputation ahead of the 2024 US election and that the case was “an injustice of justice”.

“I won the election in a massive landslide and the people of this country understand what’s gone on.

“This has been a weaponisation of government.

“They call it law-fare. Never happened to any extent like this, but never happened in our country before.

“I’d like to explain I was treated very, very unfairly, and I thank you very much,” Mr Trump concluded.

President-elect Donald Trump sentenced

After Mr Trump addressed the court Judge Merchan took a moment to reflect on the “unusual” case.

“Mr Trump, you appear before this court today to conclude this criminal proceeding by the imposition of sentence,” Judge Merchan said.

“The imposition of sentence is one of the most difficult and significant decisions that any criminal court judge is called upon to make.

“Never before has this court been presented with such a unique and remarkable set of circumstances”.

Judge Merchan acknowledged the legal protections afforded to the office of the president of the United States, recently determined by the Supreme Court, adding those protections “do not reduce the seriousness of the crime.”

“The considerable – indeed, extraordinary – legal protections afforded by the office of the chief executive is a factor that overrides all others,” Judge Merchan said.

“Despite the extraordinary breadth of those protections, one power they do not provide is the power to erase a jury verdict.

“Donald Trump, the ordinary citizen, Donald Trump, the criminal defendant, would not be entitled to such considerable protections.”

After his brief explanation, that Judge Merchan said was important for both Mr Trump and observers to hear, he handed down the sentence to the president-elect.

“This court has determined that the only lawful sentence is an unconditional discharge,” Judge Merchan said.

“Sir, I wish you god speed as you assume your second term in office,” he added concluding the case.

Now that Mr Trump has been sentenced, he is able to appeal, something that would likely take years and could happen while he is in office.

Outside of the court was a mix of supporters for Mr Trump and supporters of the conviction.

One of Mr Trump’s supporters sat outside the court holding a signing reading “Trump is innocent”.

Others held a banner reading “Trump is guilty”

What does an unconditional discharge sentence mean

Judge Merchan handed Mr Trump an unconditional discharge, which essentially passes on no punishment other that the permanent record of the guilty conviction.

Mr Trump was not sentenced to jail time, nor was he fined a monetary value by the Manhattan court.

Judge Merchan could have sentenced Mr Trump to time is prison, with a maximum of four years, as well as thousands in fines for each of the 34 counts.

What was Donald Trump charged for?

Manhattan District Attorney Alvin Bragg, who is a Democrat, charged Mr Trump, in March 2023 with 34 counts of falsifying business records to cover up his former lawyer Michael Cohen’s $US130,000 ($A210,023) payment to adult film actress Stormy Daniels for her silence before the 2016 election about a sexual encounter she said she had with Trump, who denied it.

Donald Trump reacts to unconditional discharge sentence

Mr Trump took to his social media platform Truth Social to vent his outrage over what he claims was an “illegal and fake” case.

“The radical Democrats have lost another pathetic, unAmerican (sic) witch hunt,” Mr Trump wrote.

“After spending tens of millions of dollars, wasting over six years of obsessive work that should have been spent on protecting New Yorkers from violent, rampant crime that is destroying the City and State, coordinating with the Biden/Harris Department of Injustice in lawless weaponisation, and bringing completely baseless, illegal, and fake charges against your 45th and 47th president, me, I was given an unconditional discharge.

“That result alone proves that, as all legal scholars and experts have said, there is no case, there was never a case, and this whole scam fully deserves to be dismissed.

“The real jury, the American people, have spoken, by re-electing me with an overwhelming mandate in one of the most consequential elections in history.

“As the American people have seen, this ‘case’ had no crime, no damages, no proof, no facts, no law, only a highly conflicted judge, a star witness who is a disbarred, disgraced, serial perjurer, and criminal election interference.

“Today’s event was a despicable charade, and now that it is over, we will appeal this Hoax, which has no merit, and restore the trust of Americans in our once great system of justice.

“MAKE AMERICA GREAT AGAIN!” Mr Trump concluded.

What is next for Donald Trump?

Mr Trump will be inaugurated as the 47th President of the United States on January 20 after defeating Democratic presidential nominee and Vice President Kamala Harris in the 2024 US election.

His sentencing does not affect his ability to take office.

The Republican won a second term, receiving 312 electoral college votes, far exceeding the required 270 to win. Ms Harris won 225 electoral college votes.

The two were closer when it came to the popular vote, a system that counts total individual votes, with Mr Trump securing over 77 million and Ms Harris receiving 75 million.

- With Reuters