Donald Trump received a sentence Friday of "unconditional discharge" as punishment for his felony convictions in the state of New York.
According to New York state law, unconditional discharge is a sentence "without imprisonment, fine or probation supervision."
Last summer, Trump was convicted on 34 felony counts in New York for falsifying business records relating to payments made to adult film actress Stormy Daniels ahead of the 2016 election.
The conviction marked the first time that an American president was convicted of a crime and was the only of the three criminal cases against Trump to go to trial. The judge overseeing the case, Juan Merchan, had earlier said he did not plan to give Trump jail time or probation.
Ahead of the sentencing, Trump had repeatedly attempted to have his conviction overturned and his sentencing delayed. On Tuesday, his attorneys asked the Supreme Court to intervene in the criminal sentencing, arguing that it presented a “grave injustice” to the office and the federal government.
However, the Supreme Court cleared the way for the sentencing late Thursday, with Justice Amy Coney Barrett and Chief Justice John Roberts joining the court's liberals in allowing the sentencing to go forward. The other conservative justices would have granted Trump’s request to block the sentencing.
Trump was not physically present at the New York courtroom but rather attended virtually from Palm Beach, Florida, where he resides and has been holding court at his Mar-a-Lago estate.
At the hearing, Merchan said he had handed down “the only lawful sentence" in light of the Supreme Court’s presidential immunity decision and its ruling allowing the sentencing to go forward.
Speaking to Salon, Ty Cobb, a former White House lawyer in the first Trump administration, highlighted how the Supreme Court’s decision to allow Friday's sentencing to move forward was predicated on the understanding that Trump would not suffer any of the typical consequences of a felony conviction.
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“In fact, the Supreme Court relied on the assurance by Judge Merchan that the sentence would be penalty-free in rejecting the delay sought by Trump," Cobb said. "There is a consequence, though it may be illusory: Trump is now a lawfully convicted felon. The sentencing perfects that status."
Cobb added that the sentencing also triggers Trump’s rights to appeal the case; he's skeptical that Trump’s conviction would withstand such a challenge.
“I do not think the case survives on appeal. Sadly, the one criminal case that got to trial, unlike the two serious and well indicted federal cases which have been dismissed now as to Trump, quite likely was ill founded,” Cobb said.
Bennet Gershamn, a former prosecutor at the Manhattan District Attorney’s Office, also noted that there will be “no significant legal consequences” for Trump.
“There may be political consequences if anybody cares,” Gershman said. “And I’ll assume that when historians write about this dark period in American history, they will surely note that the 47th president was a twice-impeached convicted felon.”
This article was updated to include expert reaction.
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