US President-elect Donald Trump received no punishment in the New York hush money trial, even though he was found guilty. In doing so, the US judiciary has undermined its own credibility.
Donald Trump has done it: he remains unpunished. When handing down the sentence in New York, Judge Juan Merchan imposed a so-called “unconditional immunity from prosecution” in the hush money trial against him, with which the case ends without imprisonment, a fine or probation. With this symbolic “punishment” it remains the same: the Republican will take office as president on January 20th as a convicted criminal.
The 78-year-old paid former porn actress Stormy Daniels $130,000 as a presidential candidate in 2016. Hush money so that she doesn’t talk about the alleged sexual acts in public. The cover-up of this hush money is illegal in the USA because Trump wanted to use it to influence the 2016 US presidential election.
His guilt is proven and the future US president does not even deny the payments. With the sentence that has now been announced, the legal system is damaging itself. The damage is immense, because the Trump case shows that there are two classes of jurisprudence in the USA. Powerful actors like Trump do not have to fear the same punishments as ordinary citizens for similar crimes – that is a scandal.
The burden of proof was great. Consequently, the jury found Trump guilty in May 2024. He showed no remorse, no respect for the law or the US justice system. On the contrary: He called the entire trial against him a “witch hunt” and denigrated judges and prosecutors in order to improve his chances in the US election.
So Trump is what one would call in the German legal system an incorrigible criminal who deserves the full rigor of justice. He is only concerned with his own benefit and shows no self-reflection on his own actions. So there is hardly anything that could have a mitigating influence when the judge determines the sentence.
Except for two things: Trump is rich and he can afford numerous lawyers who delayed the process until he won the election. Now he will be US President again and will move back into the White House. “The significant and exceptional legal protections of the presidency are one factor that overrides all others,” said Judge Merchan in explaining his decision. However, this in no way justifies the seriousness of the crime and its commission.
The sentence that has now been announced shows exactly the opposite. Trump not only gets away with a black eye, but with almost no consequences for his actions. The trial cost Trump a lot of money and nerves and further damaged his reputation. Nevertheless, there should have been a prison sentence or a fine, because this is enshrined in US law.
It is particularly important with a view to the coming presidency that the USA protects its separation of powers and that the judiciary remains as independent as possible. Trump should therefore be judged in court in the same way as any other American. By not doing this, Merchan has permanently damaged the credibility of its own jurisprudence.
After all: In his sentencing justification, the judge made it clear once again that the jury’s guilty verdict against Trump would continue to stand. So Trump is still a convicted felon and he can continue to be called that. But that is little consolation, especially for people with a healthy sense of justice.
Because from January 20th, this convicted criminal will once again become the most powerful man in the world – and in the end it could be the US judiciary and the separation of powers that have to protect parts of the US population from their own president. But whether this legal protection will continue to work is now more questionable than ever.