Trump given ‘unconditional discharge’ but criminal conviction remains

Trump appeared by video before New York State Supreme Court Acting Justice Juan Merchan to be sentenced for his conviction in an illegal payoff scheme during his 2016 presidential run. Trump had faced a maximum of 3 years in prison and $5,000 in fines for each of the nearly three dozen criminal counts for which he was convicted last year, but it was long understood that the courts were unlikely to require prison time during Trump’s term as president. Instead, he received an “unconditional discharge,” meaning that he will not receive any prison time, parole, fines or other penalties for the crime, but his conviction will still stand.

Trump was convicted in May on 34 counts of falsifying business records made to adult film star Stormy Daniels during his 2016 presidential campaign; the payments were allegedly “hush money” about an affair between Trump and Daniels in 2006, which Trump continues to deny. Speaking for about five minutes during the hearing, Trump said, “This has been a very terrible experience,” and continued to claim that “the fact is, I’m totally innocent.” Merchan, meanwhile, noted that “Donald Trump the ordinary citizen, Donald Trump the criminal defendant,” would not receive the consideration being given but that Trump’s upcoming inauguration as president necessitated the lenient sentence. The guilty verdict made Trump the first former president ever convicted of a felony. Once inaugurated on Jan. 20, he will be the first sitting president with a felony conviction.

Trump faced multiple cases before winning election

Trump tried to prevent the sentencing from happening, but the Supreme Court on Thursday denied his efforts to make the case go away. Trump had argued that his conviction went against a 2024 Supreme Court ruling that many experts say broadened the scope of presidential immunity. Manhattan District Attorney Alvin Bragg, whose office prosecuted Trump, argued that there was a “compelling public interest” for the courts to allow the sentencing to be carried out. Trump’s efforts to squash the sentencing were denied by an appeals court in New York earlier this week, leading to the Supreme Court taking up the issue. In a 5-4 ruling, the court’s three liberal justices — Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson, were joined by Chief Justice John Roberts and Trump-appointed Justice Amy Coney Barrett in denying Trump’s request.

Before winning the 2024 presidential election, Trump faced several other criminal and civil cases. These included separate federal cases for interfering with the 2020 presidential election and illegally keeping sensitive national security documents when he left the White House in 2021. Those cases will not go forward as Trump is set to take control of the Justice Department. He also faces an election interference case in Georgia that is currently proceeding. However, Fulton County District Attorney Fani Willis was removed from the case, which will likely delay the case significantly, if not derail it entirely. Trump still faces a total of $88 million in judgments against him for sexually abusing and defaming E. Jean Carroll, and he faces other civil lawsuits as well.

With Trump still appealing his criminal convictions and civil liabilities, it remains to be seen what, if any, consequences he will face for the many cases he has faced in the last few years. But as he returns to the White House next week, Trump will remain free as his election victory will effectively erase the criminal charges against him.