What does an ‘unconditional discharge’ mean for Donald Trump?

Donald Trump has been handed an unconditional discharge after being convicted of 34 charges relating to a hush money payment to adult film star Stormy Daniels.

It was, according to Manhattan Judge Juan Merchan, the “only lawful sentence” he could impose because of Mr Trump’s impending second term as president.

He will take office on Jan 20 following the symbolic criminal sentence, which carries no jail time or financial penalty.

In other circumstances, the judge could have ordered the 78-year-old Republican to serve up to four years in prison.

Instead, he chose to hand down a sentence that freed Mr Trump to become the first person convicted of a felony to assume the presidency and return to the White House.

What is an unconditional discharge?

An unconditional discharge means that a conviction stands, but there are no further conditions attached to the ruling. There is no prison time, fine, community service or probation.

As a result, Mr Trump will not be subject to any restrictions on his movement or activities.

The sentencing concludes a case that saw the former – and future – president put on trial for almost two months during an election campaign and convicted by a jury on every count.

A conditional discharge would have required Trump to meet certain conditions, like maintaining employment or paying restitution.

The outcome was somewhat expected. In an 18-page decision last week, Judge Merchan signalled he could give Mr Trump the lenient sentence, writing that it “appears to be the most viable solution to ensure finality.”

Mr Trump always hoped to secure an acquittal in the Stormy Daniels case, but this sentence is the next best thing. It also seems his aggressive legal strategy was a complete success.

Judge Juan Merchan claimed it was the ‘only lawful sentence’ he could impose – Seth Wenig/AP

What did the judge say?

Before issuing his sentence, Judge Merchan said he did not need to repeat the aggravating factors in Mr Trump’s case – including his frequent attacks on the court, prosecutors and judges.

“However the considerable, indeed extraordinary legal protections afforded the office of the chief executive is a factor that overrides all others,” he said.

“[The protections] do not reduce the seriousness of the crime or justify its commission in any way,” he said, but noted that “one power they do not provide is the power to erase a jury verdict.”

He added: “Ordinary citizens do not receive those legal protections. It is the office of the president that bestows those to the office holder. It is the citizenry of this nation that recently decided that you should once again receive the benefits of those protections.”

An analysis by The New York Times found that since 2014, a third of defendants sentenced to the most serious charge of falsifying business records in the first degree in Manhattan received jail time of a year or less.

Other defendants received more prison time or were sentenced to probation, conditional discharges, community service or fines.

No other defendant in the cases examined received an unconditional discharge.

Michael Cohen served 13-and-a-half months in prison after pleading guilty to campaign finance charges and lying to Congress – Andres Kudacki/ AP

What do Trump’s critics think?

The prospect of Donald Trump avoiding punishment despite being convicted on 34 counts incensed Michael Cohen, who was the key prosecution witness in the trial.

Mr Cohen, who used to be Mr Trump’s lawyer, served 13-and-a-half months in jail after pleading guilty to campaign finance charges and lying to Congress.

Criticising his former boss on social media, Mr Cohen described the sentencing as little more than “political theatre”.

He said: “In my entire legal career I have never even heard of an unconditional dismissal being given to a defendant after a trial.

“It means no incarceration. It also means no probation. It means virtually nothing, no accountability.

Mr Cohen added: “And I say this, and I say it’s important, because as someone who is subpoenaed to testify in that case and classified as the key witness in that case, had I known, had I known that Trump would never be held accountable, I never would have accepted the subpoena.

“I don’t care if they served me with the subpoena or not, I never would have taken the stand.”

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