On Friday, Judge Juan Merchan caused a stir when he ruled that he would, indeed, set the sentencing of President-elect Donald Trump ahead of his inauguration. Trump was found guilty on 34 counts of falsifying business records by a Manhattan jury in late May. Since then, there have been multiple post-trial motions and delays, with one of the lingering questions being whether/when Merchan would impose sentencing. 

Now we know: Merchan intends to sentence Trump on Friday, January 10, ten days before his inauguration. However, Merchan has signaled he is not inclined to sentence Trump to incarceration.  

“While this Court as a matter of law must not make any determination on sentencing prior to giving the parties and Defendant an opportunity to be heard, it seems proper at this juncture to make known the Court’s 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.”

The move will clear the way for Trump to formally appeal his conviction, but before going that route, Trump’s legal team has moved to stay the sentencing.

“Today, President Trump’s legal team moved to stop the unlawful sentencing in the Manhattan D.A.’s Witch Hunt. The Supreme Court’s historic decision on Immunity, the state constitution of New York, and other established legal precedent mandate that this meritless hoax be immediately dismissed,” Trump spokesman and incoming White House communications director Steven Cheung told Fox Digital on Monday morning. 

“The American People elected President Trump with an overwhelming mandate that demands an immediate end to the political weaponization of our justice system and all of the remaining Witch Hunts. We look forward to uniting our country in the new administration as President Trump makes America great again,” Cheung continued. 

Given Merchan’s previous rulings, the likelihood of him granting the motion to stay appears to fall somewhere between slim and none, but we shall see. The full motion may be viewed below. 

DJT – NY – Motion to Stay – 1-6-25 by Susie Moore on Scribd