In the hush money case, Donald Trump calls any sentencing before the January 20 inauguration an “illegitimate political attack.”

Donald Trump has criticized the judge’s decision to schedule his sentencing for January 10, just 10 days before his January 20 inauguration, calling it an “illegitimate political attack” and a “rigged charade” on his Truth Social platform. The judge, Juan Merchan, had upheld Trump’s conviction, rejecting motions from Trump’s lawyers to overturn the New York jury’s decision. Merchan stated that Trump could appear in person or virtually for sentencing and suggested that jail time was unlikely, instead favoring an unconditional discharge, meaning no conditions on his release. This would mean Trump would take office as a convicted felon.

Trump responded on Truth Social, asserting that the case was lawless and should never have been brought, and criticized the judge as a “radical partisan.” He also argued that the decision was “knowingly unlawful” and violated the Constitution.

Trump’s spokesperson, Steven Cheung, condemned the sentencing, claiming it violated Supreme Court precedent regarding presidential immunity. Cheung said, “President Trump must be allowed to continue the Presidential Transition process and perform the crucial duties of the presidency without obstruction.”

Trump, who is 78, was convicted of 34 counts of falsifying business records related to hush money payments to Stormy Daniels during the 2016 election. Although he could face up to four years in prison, experts had suggested jail time was unlikely. Merchan confirmed that prosecutors had not recommended incarceration. In his ruling, Merchan expressed his inclination not to impose prison time, noting that once Trump takes office, presidential immunity would likely apply. He also explained that sentencing should occur before January 20, 2025, as Trump would be protected by immunity once sworn in.

Trump’s attorneys plan to appeal, which could delay sentencing. Merchan rejected their argument that the case should be dismissed based on a Supreme Court decision granting immunity to former presidents for official actions. Additionally, Merchan ruled that sentencing must take place before Trump’s inauguration due to the expected immunity.

Alongside this case, Trump is facing other legal challenges, including two federal cases from special counsel Jack Smith, which were paused under Justice Department policy protecting sitting presidents. Trump also faces charges in Georgia over alleged efforts to overturn the 2020 election, though those proceedings would likely be delayed once he is in office.