Judge Juan Merchan’s order setting President Trump’s hush money sentencing for January 10 is a stunning victory for District Attorney Alvin Bragg and a setback for the president-elect, who will take office as a convicted felon — even if he appears likely to avoid prison.

The judge writes that “precedent does not provide that an individual, upon becoming President, can retroactively dismiss or vacate prior criminal acts nor does it grant blanket Presidential-elect immunity.” Judge Merchan added that “Only by bringing finality to this matter” will the interests of justice be served.

Judge Merchan also shared his “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.” He plans to order an “unconditional discharge,” which under New York law generally means that a “sentence is imposed without imprisonment, fine or probation supervision.”

The ruling comes after months of argument over whether Trump’s victory in November’s election means that the 34 convictions brought in by a New York jury ought to be dismissed. Trump argued that the immunity he will assume on January 20 demands that they be vacated lest they injure the office of the president. Judge Merchan reasons that doing so “would undermine the Rule of Law in immeasurable ways.”

Mr. Bragg, though, urged Judge Merchan to contemplate “various non-dismissal options” that would preserve those convictions during the four years of Trump’s second term. The district attorney has even urged the judge to craft a ruling modeled on a precedent out of Alabama that allows for charges to be preserved if the defendant dies before sentencing. Judge Merchan argues that setting aside the verdicts would be “rare” and “drastic.” 

Judge Merchan, who has consistently sided with the prosecution, did so once again. He writes that “Finding no legal impediment to sentencing and recognizing that Presidential immunity will likely attach once Defendant takes his Oath of Office, it is incumbent upon this Court to set this matter down for the imposition of sentence prior to January 20, 2025.”

Mr. Bragg secured those convictions for payments Trump made to an adult film actress, Stormy Daniels, whose real name is Stephanie Clifford. Those checks were passed via an attorney, Michael Cohen, who pleaded guilty to federal crimes relating to the transactions. The district attorney argued that since those payments were made in the service of a second crime, they amounted to felonies.

Judge Merchan, though, now views an unconditional discharge as “the most viable solution to ensure finality and allow defendant to pursue his appellate options.” Trump can still appeal the guilty verdicts via the usual review process — though that motion can only be made once a sentence is imposed on January 10. The judge writes that Trump “must be permitted to avail himself of every available appeal, a path he has made clear he intends to pursue but which only becomes fully available upon sentencing.”

Trump’s communications director, Steven Cheung, in an emailed statement, declares that “there should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead.”