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Judge Juan Merchan spoke to Trump for several minutes, telling the president-elect that it was the office of the presidency – and not the occupant – that was afforded extraordinary legal protections requiring him to impose a sentence of unconditional discharge without any punishment.
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But that didn’t make Friday’s sentencing any less significant or embarrassing for Trump, who was allowed to appear virtually from his Mar-a-Lago resort in Florida.
During Friday’s sentencing, Trump’s tone was perhaps more subdued while speaking over a virtual connection, but he nevertheless railed for several minutes against everyone involved in the case – the prosecutors, the judge, Michael Cohen and more – claiming he has been treated unfairly.
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“It is the legal protections afforded to the office of the president of the United States that are extraordinary, not the occupant of the office,” the judge said.
Last year’s seven-week trial was held without any audio or video recordings allowed, but Merchan agreed to allow an audio recording of Friday’s hearing to be released, allowing the public to hear the proceedings – and Merchan’s measured tone as he delivered his sentence – for the first time.
“The considerable – indeed, extraordinary – legal protections afforded by the office of the chief executive is a factor that overrides all others,” Merchan said.
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Prosecutors concurred with Merchan’s decision to sentence Trump to an unconditional discharge, but assistant district attorney Josh Steinglass accused Trump of harming the rule of law with his conduct before and after the May jury verdict.
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“Far from expressing any kind of remorse for his criminal conduct,” Steinglass added, Trump “encouraged others to reject the jury verdict.”
“This defendant has caused enduring damage to the public perception of the criminal justice system,” Steinglass said.
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How the American public would have reacted or voted if Trump had been sentenced will always be a speculative question.
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Ultimately, the sentencing was delayed until after the election, which allowed Trump’s victory to wipe away any real threat of legal punishment, both in the hush money case and his federal indictments.
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It may ultimately be lost to history to speculate about what Merchan would have done had Trump been sentenced in July – or if Friday’s hearing came after Trump was a defeated presidential candidate. Merchan didn’t tip his hand Friday when he spoke to Trump and imposed his sentence.
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“We’re going to appeal anyway, just psychologically, because frankly, it’s a disgrace. It’s a judge that shouldn’t have been on the case,” Trump said from Mar-a-Lago on Thursday night.
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If the lower appeals court upholds the jury’s verdict, Trump then can ask the Court of Appeals, New York’s highest court, to consider his case. If his appeals fail in New York, he can take his case up to the US Supreme Court - a move he’s expected to pursue if all other efforts aren’t successful.
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