President-elect Donald Trump, days before his inauguration as the next president of the United States, becomes the first US president to be a convicted felon. Although found guilty on all charges, New York Judge Juan Merchan imposed neither jail time nor penalties, citing his recent re-election to a second term as a factor in the decision.
Trump was convicted on 34 felony counts of falsifying business records on May 30 by the Manhattan Criminal Court. The falsified records were “to cover up a hush money payment to porn star Storym Dnaiels ahead of the 2016 presidential election.”
On Jan. 9, the US Supreme Court ruled 5-4, denying Trump’s request to delay the hush money sentencing. Chief Justice John Roberts and Justice Amy Coney Barrett along with the Democrat justices joined in on the decision to ensure the sentencing followed as scheduled.
Trump joined the sentencing via videoconference from his residence in Mar-a-Lago, FL. He described the case as a “witch hunt” and “fake”, emphasized his innocence, and expressed the proceedings as politically motivated.
On Friday, Trump said, “After spending tens of millions of dollars, wasting over six years of obsessive work that should have been spent on protecting New Yorkers from violent, rampant crime that is destroying the City and State, coordinating with the Biden/Harris department of injustice in lawless weaponization, and bringing completely baseless, illegal, and fake charges against your 45th and 47th president, me, I was given an unconditional discharge,” according to Politico.
On Friday, Merchan told 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.”
Even though Trump received unconditional discharge, exempting him from typical sentencing results such paying a fine or performing community service – because the felonies are on his criminal record, certain rights as a US citizen can be affected.
Trump remains with his right to vote because he is registered in Florida which allows for convicted felons to vote once they have completed their sentence. He was charged in New York, but similarly the state restores a person’s right to vote after a person is released from serving.
Per federal law, Trump will not be able to possess a firearm as a convicted felon.
Trump will be admitted to New York’s crime database because New York requires every convicted felon to provide a DNA sample. These are collected some time after sentencing.
Although some states have laws prohibiting a person with a criminal record from running for state and local office, there is no federal law that prevents someone convicted of a crime from running and then holding office. This makes it possible for Trump to move forward with being elected for a second term.
Some countries like Canada, Israel, and the United Kingdom reserve the right to prohibit visits by convicted felons, but also people sometimes have their passports revoked and requests denied. Because of Trump’s status as a former and re-elected president, he holds a diplomatic passport and will keep his other passports which will allow him to continue travels outside the US.
Outside of office, his business endeavors are not projected to be harmed by the felon status being that his company has stated the properties and business are all owned through corporate entities. Though, it is suggested that liquor licenses at certain establishments of his could be revoked.
Since Trump was tried in a state court having violated state law, he would not be able to pardon himself. Presidential pardons pertain to federal crimes, so only the New York governor has the authority to pardon Trump’s conviction.
Trump’s legal team has hinted at plans to appeal the conviction after his inauguration to New York’s Appellate Division then the New York State Court of Appeals.
Despite Trump’s felony conviction, Merchan’s sentencing will allow for Trump to be inaugurated for his second presidential term on Jan. 20.