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Trump to be sentenced in hush money case, days before return to White House

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Trump to be sentenced in hush money case, days before return to White House
News

News

Trump to be sentenced in hush money case, days before return to White House

2025-01-10 13:00 Last Updated At:13:11

NEW YORK (AP) — In a singular moment in U.S. history, President-elect Donald Trump faces sentencing Friday for his New York hush money conviction after the nation's highest court refused to intervene.

Like so much else in the criminal case and the current American political landscape, the scenario set to unfold in an austere Manhattan courtroom was unimaginable only a few years ago. A state judge is to say what consequences, if any, the country's former and soon-to-be leader will face for felonies that a jury found he committed.

With Trump 10 days from inauguration, Judge Juan M. Merchan has indicated he plans a no-penalty sentence called an unconditional discharge and prosecutors aren't opposing it. That would mean no jail time, no probation and no fines would be imposed, but nothing is final until Friday's proceeding is done.

Regardless of the outcome, Trump will become the first person convicted of a felony to assume the presidency.

Trump, who is expected to appear by video from his Mar-a-Lago club in Florida, will have the opportunity to speak. He has pilloried the case, the only one of his four criminal indictments that has gone to trial and possibly the only one that ever will.

The judge has indicated that he plans the unconditional discharge — a rarity in felony convictions — partly to avoid complicated constitutional issues that would arise if he imposed a penalty that overlapped with Trump’s presidency.

The hush money case accused him of fudging his business' records to veil a $130,000 payoff to porn actor Stormy Daniels. She was paid, late in Trump’s 2016 campaign, not to tell the public about a sexual encounter she maintains the two had a decade earlier. He says nothing sexual happened between them, and he contends that his political adversaries spun up a bogus prosecution to try to damage him.

“I never falsified business records. It is a fake, made up charge,” the Republican president-elect wrote on his Truth Social platform last week. Manhattan District Attorney Alvin Bragg, whose office brought the charges, is a Democrat.

Bragg's office said in a court filing Monday that Trump committed “serious offenses that caused extensive harm to the sanctity of the electoral process and to the integrity of New York’s financial marketplace.”

While the specific charges were about checks and ledgers, the underlying accusations were seamy and deeply entangled with Trump’s political rise. Prosecutors said Daniels was paid off — through Trump's personal attorney at the time, Michael Cohen — as part of a wider effort to keep voters from hearing about Trump's alleged extramarital escapades.

Trump denies the alleged encounters occurred. His lawyers said he wanted to squelch the stories to protect his family, not his campaign. And while prosecutors said Cohen's reimbursements for paying Daniels were deceptively logged as legal expenses, Trump says that's simply what they were.

“There was nothing else it could have been called,” he wrote on Truth Social last week, adding, “I was hiding nothing.”

Trump's lawyers tried unsuccessfully to forestall a trial. Since his May conviction on 34 counts of falsifying business records, they have pulled virtually every legal lever within reach to try to get the conviction overturned, the case dismissed or at least the sentencing postponed.

They have made various arguments to Merchan, New York appeals judges, and federal courts including the Supreme Court. The Trump attorneys have leaned heavily into assertions of presidential immunity from prosecution, and they got a boost in July from a Supreme Court decision that affords former commanders-in-chief considerable immunity.

Trump was a private citizen and presidential candidate when Daniels was paid in 2016. He was president when the reimbursements to Cohen were made and recorded the following year.

On one hand, Trump's defense argued that immunity should have kept jurors from hearing some evidence, such as testimony about some of his conversations with then-White House communications director Hope Hicks.

And after Trump won this past November's election, his lawyers argued that the case had to be scrapped to avoid impinging on his upcoming presidency and his transition to the Oval Office.

Merchan, a Democrat, repeatedly postponed the sentencing, initially set for July. But last week, he set Friday's date, citing a need for “finality.” He wrote that he strove to balance Trump's need to govern, the Supreme Court's immunity ruling, the respect due a jury verdict and the public’s expectation that "no one is above the law.”

Trump's lawyers then launched a flurry of last-minute efforts to block the sentencing. Their last hope vanished Thursday night with a 5-4 Supreme Court ruling that declined to delay the sentencing.

Meanwhile, the other criminal cases that once loomed over Trump have ended or stalled ahead of trial.

After Trump's election, special counsel Jack Smith closed out the federal prosecutions over Trump’s handling of classified documents and his efforts to overturn his 2020 election loss. A state-level Georgia election interference case is locked in uncertainty after prosecutorFaniWillis was removed from it.

FILE - Judge Juan M. Merchan sits for a portrait in his chambers in New York, March 14, 2024. (AP Photo/Seth Wenig, File)

FILE - Judge Juan M. Merchan sits for a portrait in his chambers in New York, March 14, 2024. (AP Photo/Seth Wenig, File)

ABOARD THE EML SAKALA IN THE BALTIC SEA (AP) — As they plied the gray, icy waters of the Baltic Sea west of Russia on Thursday, the crew of the Estonian minehunter EML Sakala kept a careful eye on any vessels slowing down suspiciously or suddenly changing course.

They use binoculars and cameras with long zoom lenses, logging the names of ships, scouring them for missing anchors or trailing cables. The Sakala has approached about 200 vessels in a week at sea.

It is one of three Estonian navy ships that are part of stepped-up maritime patrols by NATO countries after the Estlink-2 power cable and communication links between Finland and Estonia were damaged Dec. 25. A month earlier, two other undersea data cables were damaged.

Suspicion immediately fell on Russia, although nothing has been proven and the Kremlin denied involvement in damaging the infrastructure, which provides power and communication for thousands of Europeans.

For the West, the incidents are a test of resolve in the face of what are believed to be widespread sabotage attacks in Europe allegedly linked to Moscow following its full-scale invasion of Ukraine in 2022.

“The main thing is to show force,” Lt. Cmdr. Meelis Kants of the Estonian navy told The Associated Press aboard the Sakala.

After the Dec. 25 incident with the Estlink 2, Finnish police and border guards seized the Eagle S, an oil tanker that had just left a Russian port, after it was suspected of cutting the power and four telecommunications cables by dragging its anchor.

The Eagle S, flagged in the Cook Islands in the South Pacific, is suspected of being part of Moscow’s “shadow fleet” used to avoid sanctions on Russian oil exports, Finnish authorities said. The ship was carrying 35,000 tons of oil and investigators allege it left a drag trail with its anchor for almost 100 kilometers (62 miles) on the sea bed before it was stopped and escorted to the vicinity of a Finnish port.

The damage to the Estlink 2, which can provide about half of the electricity needs for Estonia in winter, did not disrupt service, although it did drive up energy prices in the Baltic nations.

The cable is about 90 miles (145 kilometers) long and is located at a depth of 90 meters (295 feet) at its deepest point, across one of the busiest shipping lanes in Europe. Repairs could cost tens of millions of dollars and might not be restored until late summer, said Finland’s electricity grid operator.

The undersea cables and pipelines that crisscross the sea link Nordic, Baltic and central European countries, promote trade, energy security and, in some cases, reduce dependence on Russian energy resources.

Ten Baltic Sea cables have been damaged since 2023, affecting Estonia, Finland, Sweden, Germany and Lithuania. At least two incidents involved ships later accused of dragging their anchors.

“The sea domain is currently the most contested because it’s also strategically important,” Maj. Gen. Andrus Merilo, commander of the Estonian military, told AP in December.

Western nations need to be “more proactive and operate to deter any activities," he said.

The Estlink 2 disruption came just over a month after a Chinese ship, the Yi Peng 3, left the Russian port of Ust-Luga, west of St. Petersburg, shortly before it allegedly damaged cables linking Sweden and Lithuania and Finland and Germany.

The ship was stopped by the Danish navy and spent a month idled in a Danish shipping lane before resuming its journey Dec. 21 after representatives from Western nations boarded it along with Chinese investigators. No details of the inspection were released.

In October 2023, a Chinese-registered ship was suspected of severing a gas pipeline and fiber-optic cable between Finland and Estonia by dragging its anchor. That ship was not stopped and continued its journey.

Of particular interest to the naval patrols is Russia’s shadow fleet of vessels with obscure ownership, acquired to ship its oil and evade Western sanctions.

The Eagle S had multiple violations including fire safety, navigation equipment and pump room ventilation and cannot sail until repaired, according to Finnish authorities. The shipping news journal Lloyd’s List reported it previously was fitted with surveillance devices to monitor naval activity — abnormal for a merchant ship.

The Baltic Sea incidents take place against a backdrop of allegations of Russian sabotage, attacks and killings in Europe, which have increased since the invasion of Ukraine.

Such attacks are “often in the shadows,” Swedish Prime Minister Ulf Kristersson told AP.

“You don’t really know — at least not from the beginning — who is behind it. Is it an accident? Is it not? Is it hostile activity or not?” he said, adding that the goal is to scare people and create a ”political mess."

While European authorities have acted more decisively in recent months to halt ships suspected of sabotage, officials have stopped short of categorically pointing the finger at Moscow without ironclad proof.

Following the Estlink 2 incident, European Union foreign policy chief Kaja Kallas told the German newspaper Die Welt that the “sabotage attempts in the Baltic Sea are not isolated incidents” but “part of a pattern of deliberate and coordinated actions to damage our digital and energy infrastructure.”

Finnish President Alexander Stubb and German Foreign Minister Annalenna Baerbock also suggested the similar incidents in the Baltic cannot be a coincidence.

Merilo said the West must see the actions as building to the “next phase of escalation” by Russia and be more forceful in saying: “We have some evidence, we cannot maybe prove it but we have to count it in as part of the ongoing operation.”

To get ahead of potential threats from hostile states, European nations must address them “on the same footing as we do with our collective security in NATO. This is a matter for all of us,” Norwegian Prime Minister Jonas Gahr Støre told AP.

In December, the Joint Expeditionary Force, made up of 10 European nations from the Nordic and Baltic countries plus the U.K., Iceland and the Netherlands, agreed to cooperate more closely to counter Russia’s use of shadow ships.

They said they had tasked maritime authorities with requesting proof of insurance from suspected ships sailing through northern Europe, although that did not stop the Eagle S.

Since then, the nations said they would use an AI-assisted computer program to help monitor and calculate the risk posed by each ship, with a system to warn NATO about suspicious vessels.

Although the Baltic Sea is ringed by NATO members now that Finland and Sweden have joined since the invasion of Ukraine, the critical cables and pipelines are in a shallow area that is open to all ships, making such infrastructure an easy target for sabotage.

During its patrols, the Sakala monitored a ship sailing from Finland to the U.K and an Antigua-and-Barbuda-flagged cargo ship traveling from Vyborg, Russia, to Gdansk, Poland.

If the remaining power cable also was damaged, Estonia would have to rely largely on domestically produced energy at increased costs to consumers, which could increase pressure on the government — something that would benefit Moscow.

“The Baltic Sea is something that we need to defend. We need to be here,” Kants said on board the patrol ship.

Burrows reported from Tallinn, Estonia, and London.

FILE - From left, Estonian Prime Minister Kristen Michal, Norwegian Prime Minister Jonas Gahr Store and British Prime Minister Keir Starmer attend a public discussion during the Joint Expeditionary Force Leaders' Summit in Tallinn, Estonia, on Dec. 16, 2024. (AP Photo/Sergei Grits, File)

FILE - From left, Estonian Prime Minister Kristen Michal, Norwegian Prime Minister Jonas Gahr Store and British Prime Minister Keir Starmer attend a public discussion during the Joint Expeditionary Force Leaders' Summit in Tallinn, Estonia, on Dec. 16, 2024. (AP Photo/Sergei Grits, File)

FILE – The oil tanker Eagle S, suspected of the disruption of the Finland-Estonia power cable Estlink-2, is anchored near the port of Kilpilahti in Porvoo on the Gulf of Finland, on Tuesday, Jan. 7, 2025. (Antti Aimo-Koivisto/Lehtikuva via AP, File)

FILE – The oil tanker Eagle S, suspected of the disruption of the Finland-Estonia power cable Estlink-2, is anchored near the port of Kilpilahti in Porvoo on the Gulf of Finland, on Tuesday, Jan. 7, 2025. (Antti Aimo-Koivisto/Lehtikuva via AP, File)

Sweden Prime Minister Ulf Kristersson speaks to the Associated Press during an interview at the Estonian Knighthood House in Tallinn, Estonia, on Dec. 17, 2024. (AP Photo/Sergei Grits)

Sweden Prime Minister Ulf Kristersson speaks to the Associated Press during an interview at the Estonian Knighthood House in Tallinn, Estonia, on Dec. 17, 2024. (AP Photo/Sergei Grits)

Norway's Prime Minister Jonas Gahr Store speaks to the Associated Press during an interview at the Estonian Knighthood House in Tallinn, Estonia, on Dec. 17, 2024. (AP Photo/Sergei Grits)

Norway's Prime Minister Jonas Gahr Store speaks to the Associated Press during an interview at the Estonian Knighthood House in Tallinn, Estonia, on Dec. 17, 2024. (AP Photo/Sergei Grits)

Estonian naval ships sail in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

Estonian naval ships sail in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

Lt. Cmdr. Meelis Kants of the Estonian navy patrols the Baltic Sea on Thursday, Jan. 9, 2025. (AP Photo/Hendrik Osula)

Lt. Cmdr. Meelis Kants of the Estonian navy patrols the Baltic Sea on Thursday, Jan. 9, 2025. (AP Photo/Hendrik Osula)

An Estonian naval ship sails in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

An Estonian naval ship sails in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

An Estonian naval ship sails in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

An Estonian naval ship sails in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

Estonian naval ships sail in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

Estonian naval ships sail in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

An Estonian naval ship sails in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

An Estonian naval ship sails in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

The Estonian navy patrols the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

The Estonian navy patrols the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

An Estonian naval ship sails in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

An Estonian naval ship sails in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

An Estonian naval ship sails in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

An Estonian naval ship sails in the Baltic Sea on Thursday, Jan. 9, 2025, as part of stepped-up NATO patrols in the region following suspected sabotage of undersea cables. (AP Photo/Hendrik Osula)

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