U.S. President-elect Donald Trump is set to be the first sitting felon president when he takes office on Jan. 21, 2025. However, he won't face penalties for any of the 34 felony counts of falsifying business records he was found guilty of in May 2024. Trump's sentence, which Judge Juan Merchan announced on Jan. 10, 2025, created quite an uproar on social media.
The sentence, an "unconditional discharge," is rare in New York courts, according to The New York Times. But some conservative pundits and politicians on social media incorrectly announced that "unconditional discharge" meant he had been "totally exonerated."
According to New York State law, an unconditional discharge means that Trump will have the felonies on his official record but will not face jail time, fines or probation for his actions. However, it does not mean that the President-elect has been exonerated, since that would mean finding he was not guilty of a crime.
Trump was found guilty on 34 counts of falsified business records for hush money payments made to pornstar Stormy Daniels in May 2024, meaning felonies would be added to his record no matter what sentence Merchan handed him. The jury's decision would have to be successfully appealed in order for Trump to be considered "exonerated."
According to NPR, Merchan had already delayed Trump's sentencing several times in order to avoid appearing biased prior to the 2024 presidential election. After the election was decided, Merchan heard appeals from Trump's lawyers.
In summer 2024, the Supreme Court held in Trump v. United States that a former president had immunity for official acts taken while holding office. Trump's team appealed the sentencing, using the Supreme Court's ruling to argue that he was immune. Merchan rejected the appeals on the grounds that Trump's actions were unofficial. So, Trump appealed Merchan's decision to the Supreme Court.
In a 5-4 vote, however, the Supreme Court allowed Trump's sentencing to continue as planned, noting that the sentencing was "relatively insubstantial in light of the trial court's stated intent to impose a sentence of 'unconditional discharge.'" Chief Justice John Roberts and Justice Amy Coney-Barrett sided with the court's three liberal justices, Kagan, Sotomayor and Jackson in the majority.
Merchan had previously indicated that he would sentence Trump to an unconditional discharge, according to Reuters. According to The New York Times, Merchan said an unconditional discharge was the "only lawful sentence" he could give and wished the President-elect "godspeed" during his next term in office. Trump continued to claim that he was "totally innocent" and said he plans to appeal the sentence.