New York judge Juan Merchan on Friday ordered Donald Trump to appear for sentencing on January 10 for his hush-money conviction, finding that a president-elect does not enjoy presidential immunity.

Trump’s motion to dismiss the indictment is based on the presidential immunity doctrine, the Presidential Transition Act, and the Supremacy Clause, requiring the government to minimize disruption during the transfer of the executive power. Thus, the court was tasked with considering whether Trump, as a president-elect, enjoys the same immunity protections from state prosecution as a sitting president.

Merchan held that presidential immunity does not apply to a president-elect because their status is not “official” until they take the oath of office. Merchan found that public stigma would not undermine Trump’s ability to carry out his constitutional duties because the proceedings have passed the initiation stage and Trump has been re-elected despite the proceedings. Merchan also found that the imposition of sentencing, the only criminal proceeding that remains outstanding, is the exclusive function of a trial judge that will not cause inconvenience to the defendant president-elect.

The court also rejected Trump’s Clayton motion, seeking to dismiss the indictment under New York Criminal Procedure Law section 210.40. Having considered the 10 statutory factors, Merchan was not convinced that dismissing Trump’s indictment was suitable to reconcile the competing interests of allowing the president to carry out his duties freely, ensuring equality before the law, and protecting the sanctity of a jury verdict. Merchan added that only a prompt sentence would allow Trump to appeal his convictions.

In concluding remarks, Merchan opined that the court would likely impose a sentence of unconditional discharge, ensuring that Trump can fulfill his constitutional duties after taking the oath of office.

In May 2024, a grand jury found Trump guilty of all 34 counts of business record falsification in the first degree. The prosecution accused Trump of paying individuals as a part of a “catch-and-kill” scheme – buying the rights of stories that negatively affected Trump’s campaign in 2016–which unlawfully influenced the 2016 presidential election.

After the conviction, Merchan delayed Trump’s sentencing three times: the first time to September 18 for the consideration of the presidential immunity claim, the second time to November 26 for the prevention of “political prejudice” to the presidential election, and the third time an indefinite postponement following Trump’s victory in the election.

Relatedly, on December 17, Merchan rejected Trump’s motion to dismiss his conviction, alleging that the evidence leading to it was inadmissible due to presidential immunity.

Trump is set to return to office on January 20.