A Constitutional Law Expert Explains What Trump’s “Unconditional Discharge” Means

by | Jan 11, 2025 | Quick Facts

Photo by Wesley Tingey, Unsplash

A Constitutional Law Expert Explains What Trump’s “Unconditional Discharge” Means

by | Jan 11, 2025 | Quick Facts

Photo by Wesley Tingey, Unsplash

Even if Judge Merchan imposed prison time, many constitutional law scholars argue that Trump’s sentence would, at minimum, be deferred until after his next term in the Oval Office.

Republished with permission from The Conversation, by Wayne Unger, Quinnipiac University

Donald Trump is now a convicted felon, and will be the first president of the United States with a felony conviction.

On Jan. 10, 2025, Justice Juan Merchan, who presided over the trial in a New York state court, sentenced Trump to an unconditional discharge for all 34 felony counts of falsifying business records in the first degree. In his statement to the court, Trump maintained the point he had made throughout the prosecution, that the whole case was a political witch hunt.

“The fact is, I’m totally innocent,” said Trump via a video appearance in the court.

During the sentencing, Merchan said he was keenly aware of the unique set of circumstances before him and the country. He characterized the trial as ordinary while acknowledging the context of the case was extraordinary.

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

The sentencing brings this phase of the case to an end. Once the sentence is officially entered in a final judgment, Trump can appeal the case, as he has a legal right to do so. Trump’s attorney, Todd Blanche, made clear during the sentencing that Trump intends to appeal.

Trump Ultimately Failed to Block Sentencing

On May 30, 2024, a New York County jury found Trump guilty on 34 counts of falsifying business records in the first degree. That constituted a Class E felony in the state of New York, when the falsification is committed with an intent to defraud, commit another crime, or to aid or conceal the commission of another crime.

Class E felonies carry a potential penalty of up to four years in prison and a fine up to $5,000 for each count. Trial courts reserve discretion, however, to impose a sentence that accounts for other factors, such as the defendant’s criminal history.

In recent court filings, Trump sought to get his guilty verdict thrown out, arguing that the U.S. Supreme Court’s recent decision on presidential immunity in criminal prosecutions meant he can’t be found guilty.

On July 1, 2024, the U.S. Supreme Court had concluded that the Constitution provides “absolute immunity from criminal prosecutions for actions within his … constitutional authority.” The court had also concluded that presidents hold “at least presumptive immunity from prosecution for all his official acts” and “no immunity for unofficial acts.”

To be clear, Trump was convicted of unlawful conduct that occurred before his first term as president. And while it appears that the Supreme Court’s July 1 ruling applies to both state and federal criminal prosecution, the court held there is no immunity for unofficial acts, which the falsification of business records undoubtedly is.

On Jan. 3, 2025, Justice Merchan rejected Trump’s argument regarding presidential immunity because the Supreme Court’s immunity decision is not applicable in Trump’s New York case.

On Jan. 9, 2025, New York’s highest court declined to block Trump’s sentencing. The U.S. Supreme Court late in the same day denied Trump’s emergency bid to halt the sentencing, saying in its order that “the burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of ‘unconditional discharge’ after a brief virtual hearing.”

Indeed, Merchan had expressed little willingness to impose prison time for the president-elect. In the order rejecting Trump’s presidential immunity argument, Merchan said, “It seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration.”

Even if Merchan imposed prison time, many constitutional law scholars, including myself, argue that Trump’s sentence would, at minimum, be deferred until after his next term in the Oval Office.

Rather, Merchan imposed “unconditional discharge” as a sentence. That means there are no penalties or conditions imposed on Trump, such as prison time or parole.

Serving the Public Interest, Not Time

According to New York law, a court “may impose a sentence of unconditional discharge … if the court, having regard to the nature and circumstances of the offense and to the history, character and condition of the defendant, is of the opinion that neither the public interest nor the ends of justice would be served by a sentence of imprisonment and that probation supervision is not appropriate.”

Regarding Trump’s case specifically, Merchan wrote, “A sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow (Trump) to pursue his appellate options.”

Put simply, it appears Merchan, having considered the totality of the circumstances, including Trump’s election to a second term as president, concluded, as is his right as a judge, that it is in the best interest of the public not to imprison Trump.

Generally, trial courts reserve a tremendous amount of discretion when it comes to imposing sentences. Legislatures can, and often do, set sentencing guidelines, prescribing what penalties trial judges can impose. It is clear in this case that the New York State Legislature allows trial judges to, at their discretion, deliver “unconditional discharge” as a sentence.

Uniquely, Trump had sought dismissal of his guilty verdict before his sentencing. Normally, criminal defendants do not have a legal right to appeal their verdicts until a final judgment is entered against them. In criminal law, a final judgment must include the defendant’s sentence.

But, of course, this is not your ordinary criminal case. As Merchan hinted, moving forward with the sentencing favored Trump because it would result in a final judgment being entered against him, thus enabling him to properly appeal his conviction.

This story has been updated to reflect the U.S. Supreme Court’s order denying Donald Trump’s bid to delay his Jan. 10 sentencing and to include the actual sentence entered against Trump.The Conversation

Wayne Unger, Assistant Professor of Law, Quinnipiac University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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