Is it possible for the lack of sentence to be appealed?
Unless there was something criminal about the proceedings (e.g. the judge was bribed) I can’t see how that would work.
IANAL
Not above the law of gravity. The man needs both hands to take a sip of water.
I’m curious if a person is convicted but not incarcerated, is he given instructions as to what his status means? Like, if a person in on parole I’m certain they get a list of things they can and can’t do, does a person who is now a felon get something like that?
“Unconditional discharge” means exactly that: There are no conditions to his sentencing. None. No probation (parole is just for prison sentences) and no conditions of probation. The Court (Merchan) is imposing zero conditions.
He is subject to any laws applying to a felon in any given state or other country, meaning that if he’s prohibited from voting as a result of his felony convictions, then he can’t vote in a state that doesn’t allow it (assuming he meets all other qualifications to vote there, such as residency), if they choose to enforce them. That’s it. But the Court has no further jurisdiction to impose conditions.
Got it, thanks. 
Glad it was helpful.
I think Merchan did the best he could. He’s a good, tough, fearless judge. But he’d be stupid to tilt at windmills, which attempting to impose conditions of sentence would have been. Since he’s also smart, he opted to do what he could but not exceed what was possible under the very shitty circumstances.
I do not see it this way at all.
I think Merchan could have looked at past sentences for this crime and easily said he is imposing nothing unusual in this case. No one is suggesting he should have done more than what is usual (“tilting at windmills”) but he could have easily done what is normal. He did less than that (unless all cases such as this have no penalty imposed).
From what we discussed upthread, he’s technically a first time offender with minimal actual consequences to anyone else in a fairly technical crime. So… yeah. He got off as easily as any other rich, white-collar criminal gets off when the damages are minor, especially when it’s the first time they get caught.
I’m well aware you don’t. And it’s my view that you don’t have enough insight into the many factors that went into his decision. Neither do I, but more than you.
In fact, Justice Merchan did impose “nothing unusual” in this case. First time offenders almost never receive jail time in such cases. Were you aware of that?
One thing I know for certain: There is nothing “normal” about sentencing a soon-to-be president.
Trump has already stated that he’s going to appeal the verdict, despite there being no sanctions involved in it. And he’s going to keep on appealing it until either some judge humors him, or the Supreme Court decides to not hear the case or upholds the verdict.
Trump is being sworn in in 10 days. Given his lifestyle, there’s a fair-to-middling chance that he does in office.
He was never going to face any consequences. He’d die before he would have to go to prison, and any fine will be delayed until he leaves office.
Merchan’s hands were tied.
On a positive note, I personally would have loved to have seen Trump sentenced to prison up until his inauguration. They could do the ceremony there at the jail, and unlock the cell after he gets sworn in.
First time offenders usually plea out and acknowledge they did something wrong. They don’t typically hold press conferences where they refuse to acknowledge any wrong doing or accusing the judge of corruption just for doing his job. That first time offenders almost never receive jail time doesn’t mean they never receive jail time.
And you have provided no evidence that walking away from a felony (as in this case) the first time you commit one comes with nothing more than a, “Don’t do it again” punishment.
I accept prison might be rare in this circumstance but not even a fine? Just a be good next time caution?
Heck…I get more penalty for driving five miles over the speed limit or parking without paying the meter. Trump has less penalty than that. You think that makes sense??? Especially since you know more than me?
Yep, first time white collar? Suspended sentence and a fine. No jail or prison time.
Did you get a felony on your record for that?
And most first time offenders will not soon be in a position to ruin the lives of judges and their families, throw them in jail, order mobs to attempt to kill them, force them into hiding, destroy their careers and god knows what all else. This one can.
I think there needs to be some limit to what we expect regular, good public servants to sacrifice in the name of “doing what’s right.”
Blaming the people who tried their best in the face of overwhelming odds to impose normal justice but who ultimately failed because of a failure of our society to hold such people accountable (he should never have been reelected, but he was), is just the wrong approach, in my opinion. I am grateful for the Justice Merchans of this country. But I do understand the limits of their power in the face of an ignorant electorate, a corrupt SCOTUS and a defendant who is willing to employ any tactic to achieve his ends – including raw abuses of the power he is about to hold again.
Do you think having a felony record will ever hurt Trump? Heck, it’ll probably be a point of pride for him and actually help him raise money.
And his penalty paid to the state, for a felony, is less than my parking ticket.
But the main point is, would you get the same non-penalty if you committed the same crime?
I’m not going to blame Merchan. I blame American voters.
So do I. More than I can express.
I’ll blame both but Merchan more.
He should know better.
Near as I can tell he is near the beginning of a 14-year term. Short of impeachment which is super unlikely he can’t be removed. Mandatory retirement for him is 70 so he’ll sail past that. In short, he has his position until he retires.
More, as a NY County Supreme Court judge I expect more from him than Joe Voter. He, more than most, should understand the importance of what is happening here.
I really liked the job he did on this case until this. This makes no sense to me. This is another tick in the box that the president is above the law (and/or just rich people).
I don’t think it makes sense to a lot of people. Maybe someday, years from now, a “tell-all” book will help explain it. After Trump (and hopefully MAGA) are long dead.
Today’s sentencing finally makes Trump a convicted felon.