What Is Hush Money Case Against Donald Trump? | Explained

US President-elect Donald Trump is set to be sentenced in the hush money case on January 10, just days before his planned return to the White House, a New York judge ruled on Saturday.

In an 18-page decision, Judge Juan Merchan stated that a conditional discharge would be imposed on Trump, meaning the case would be dismissed if he avoids being re-arrested.

Photo Credit: PTI/AP

According to the judge, the former President can attend the sentencing either in person or virtually.

"It seems proper at this juncture to make known the Court's inclination to not impose any sentence of incarceration...Prosecutors did not believe a jail term was a practicable recommendation," he said.

While Trump will not face imprisonment, the sentencing will see the 78-year-old Republican entering the White House as a convicted felon.

What is the hush money case?

The hush money case revolves around an alleged payment made by Trump's former lawyer, Michael Cohen, to adult film star Stormy Daniels, who claimed she was paid the money to remain silent about her alleged affair with Trump during the 2016 election campaign.

Cohen, while testifying, admitted to paying Daniels $130,000 in exchange for her silence. He also claimed that he did so at Trump's direction.

Trump has consistently denied the claims.

However, in May of the previous year, he was convicted of 34 felony counts for falsifying business records connected to the payment, violating state election law. While hush money payments are not illegal, the Manhattan District Attorney's Office alleged that Trump "committed a crime" by incorrectly recording the money with which he reimbursed Cohen as legal expenses.

Trump's legal team had attempted to have the case dismissed on various grounds, including the Supreme Court's landmark ruling last year that former US presidents enjoy sweeping immunity from prosecution for a range of official acts carried out while in office.

Trump denounces sentencing

The US President-elect, who is expected to file an appeal that could potentially delay his sentencing, denounced the decision, calling it an "illegitimate political attack."

"This illegitimate political attack is nothing but a Rigged Charade," Trump wrote on his Truth Social page.

According to the Republican's spokesperson, Trump's sentencing is a "violation of presidential immunity."

"Today's order by the deeply conflicted, Acting Justice Merchan in the Manhattan DA Witch Hunt is a direct violation of the Supreme Court's Immunity decision and other longstanding jurisprudence," Steven Cheung, Trump's incoming communications director, told AFP.