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Judge Juan Merchan, however, upheldTrump’s convictionin the case, rejecting the president-elect’s effort to throw out the jury’s verdict because of his reelection in November. This ensures that Trump will be the first convicted felon to become president.

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“A sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow Defendant to pursue his appellate options,” Merchan wrote.

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“It was a smart move by Judge Merchan to announce in advance that he is going to impose no punishment, and hold the proceeding remotely, because that undermines any effort by Trump’s team to argue in federal court that sentencing imposes some major burden,” said 【 - Free Predictions 】 senior legal analyst Elie Honig said.

In his ruling Friday, Merchan repeatedly referenced internal US Justice Department opinions – which are not binding in court, but has applied to the federal government’s conduct – that say that a sitting president cannot be subject to prosecution. He said he considered the points made by the DOJ in those opinions and raised by Trump in his arguments to the New York court. and that he had found that those concerns did not justify putting off the sentence.

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Last month, Merchan said the conviction should not be tossed out because of the high court’s July ruling. In that decision, Merchan said that the Supreme Court ruling that Trump should receive broad immunity for official acts during his time in office did not mean the conviction should be dismissed, ruling that the evidence presented by the Manhattan district attorney’s office was not related to Trump’s official conduct as president.

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

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