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Trump to be sentenced over hush money case but judge signals no jail time

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A judge has ordered that Donald Trump will be sentenced on 10 January in his hush-money case in New York – less than two weeks before he is set to be sworn in as president.

New York Justice Juan Merchan signalled he would not sentence Trump to jail time, probation or a fine, but instead give him an “unconditional discharge”, and wrote in his order that the president-elect could appear in person or virtually for the hearing.

Trump had attempted to use his presidential election victory to have the case against him dismissed.

The president-elect has posted on social media  dismissing the judge’s order as an “illegitimate political attack” and calling the case “nothing but a rigged charade”.

Trump was convicted in May of 34 felony counts of falsifying business records related to a $130,000 (£105,000) payment to adult-film star Stormy Daniels.

The charges related to attempts to cover up reimbursements to his ex-lawyer, Michael Cohen, who in the final days of the 2016 election campaign paid off the adult-film star to remain silent about an alleged sexual encounter with Trump.

The president-elect has denied all wrongdoing and pleaded not guilty, arguing the case was an attempt to harm his 2024 presidential campaign.

In the post on his Truth Social platform on Saturday Trump said the judge’s sentencing order “goes against our Constitution and, if allowed to stand, would be the end of the Presidency as we know it”.

Trump’s spokesperson Steven Cheung earlier called the order part of a “witch hunt”.

“President Trump must be allowed to continue the presidential transition process and to execute the vital duties of the presidency, unobstructed by the remains of this or any remnants of the witch hunts,” Cheung said.

“There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead.”

In his latest motion against the case, Trump had argued the case would hang over him during his presidency and impede his ability to govern.

Justice Merchan said he had been advised of several measures he could employ that could assuage Trump’s concerns about being distracted by a criminal case while serving as president that fell short of the “extreme remedy” of overturning the jury’s verdict.

His options included delaying the sentencing until Trump, 78, leaves the White House in 2029, or guaranteeing a sentence that would not involve prison time.

Trump had initially, and unsuccessfully, argued the case against him ran afoul of a Supreme Court ruling on presidential immunity.

In July, the country’s top court ruled that presidents have broad immunity from criminal prosecution for “official actions” they take while in office.

However, last month Justice Merchan ruled Trump’s hush money conviction was valid.

Trump is currently set to be the first convicted felon to serve in the White House.

He may attempt to appeal against the conviction after the sentencing.

While falsifying business records is punishable by up to four years in prison in the US, there is no minimum sentence and incarceration is not required.

Even before his election victory, legal experts thought it was unlikely Trump would face jail time given his age and his legal record.

Trump has also  been charged in three other state and federal criminal cases,  one involving classified documents and two relating to his alleged efforts to overturn his loss in the election of 2020.

The president-elect was initially scheduled to be sentenced on 26 November, but Justice Merchan pushed the date back after Trump won the presidential election.

[Cricinfo]



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New Chancellor appointed to General Sir John Kotelawala Defence University

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President Anura Kumara Dissanayake has appointed Air Chief Marshal Kolitha A. Gunathilake (Retd.) as the new Chancellor of General Sir John Kotelawala Defence University.

The letter of appointment was presented to Air Chief Marshal Kolitha A. Gunathilake (Retd.) by Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat on Monday (05) afternoon.

Air Chief Marshal Kolitha A. Gunathilake(Retd.) has served as Commander of the Sri Lanka Air Force and as Chief of Defence Staff.

(PMD)

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Govt. urged to halt ‘illegal’ presidential pardons

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Ven. Gnanasara Thera reacts as prison officers escort him out of the Court of Appeal, which yesterday (05) ordered the sixyear prison sentence imposed on him in 2018 to take effect.

By Shamindra Ferdinando

The government is coming under pressure from civil society organisations to formulate a clear ‘mechanism’ to deal with requests for presidential pardons.

Representing civil society organisations, Gamini Viyangoda yesterday flayed the NPP government for the delay in taking action against Ven. Galagoda Aththe Gnanasara Thera, after the Supreme Court declared the 2019 presidential pardon granted to him by President Maithripala Sirisena null and void. He said successive Presidents had abused their executive power to release convicted persons from prison.

Purawesi Balaya activist Viyangoda pointed out that the Supreme Court ruled that President Sirisena had acted arbitrarily and failed to independently consider the relevant materials before exercising his executive power.

The Court of Appeal, in August 2018, sentenced Gnanasara Thera, General Secretary of the Bodu Bala Sena (BBS), to six years rigorous imprisonment for contempt of court over his conduct during proceedings concerning missing journalist Prageeth Ekneligoda. Viyangoda said that those who had been affected by the monk’s conduct have the right to know on what basis the President released him, in May 2019.

The Court of Appeal yesterday (05) ordered the relevant authorities to enforce the remaining period of imprisonment imposed on the Thera.

Gnanasara Thera, who had been subject to an open warrant for his arrest, was produced before the Court of Appeal, today, by prison officials.

Having considered the submissions made before it, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remaining period of the sentence imposed on Gnanasara Thera. Police on Saturday (03) apprehended the monk at a forest monastery in Kalutara. The Colombo Magistrate’s Court on Sunday (04) ordered the Thera to be remanded in custody till Monday.

Appearing for Gnanasara Thera, Attorney-at-Law Iresh Seneviratne, together with Attorney-at-Law Pasan Karunaratne, told the court yesterday that his client had been experiencing severe mental distress and had therefore gone to an ‘Aranya Senasanaya’, where he had been staying.

Viyangoda said that examination of presidential pardons, executed over the years, would reveal how successive leaders exploited the executive power to appease their own. Responding to The Island queries, Viyangoda said that Sirisena, in Sept. 2019, just two months before the presidential election, granted Jude Shramantha Jayamaha a Presidential pardon.

Jude Shramantha Jayamaha was sentenced to 12 years by the High Court, but the Court of Appeal revised that sentence to death, in July 2012, which the Supreme Court later upheld. Viyangoda said that though the Supreme Court, in June 2024, declared that the particular Presidential action was illegal and arbitrary, law enoforcement authorities were yet to take tangible measures to enforce the court directive.

Viyangoda stressed that no President should exercise the right to pardon a convicted on his or her own without following laid out procedures. According to him, Sirisena appeared to have simply ordered the monk, and the convicted murderer, released in response to appeals received by him. A comprehensive investigation could identify those who had been involved in these wrongdoings.

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GL urges cautious handling of Saudi death row case, blasts govt. over BRICS affair

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Prof. Peiris

Convenor of Janathawadi Joint Opposition, Prof. G. L. Peiris, yesterday (05) emphasised the responsibility on the part of the government and others to act cautiously when making representations in respect of Sivarasa Anojan facing death sentence in Saudi Arabia over a controversial social media post.

Addressing the media at former President Ranil Wickremesinghe’s Flower Road Office, Prof. Peiris emphasised that whatever representations should be made through the Foreign Ministry.

The one-time External Affairs Minister warned of dire consequences of political party leaders, members of Parliament and civil society making direct representations and trying to get in touch with various Saudi authorities over the phone.

Prof. Peiris said that those who intervened on behalf of Anojan should keep in mind that Sri Lanka should be mindful of the Saudi way of governance and sensitivities.

The former Minister questioned the circumstances Sri Lanka was left out of the recent BRICS summit held in New Delhi. He recalled how former President Wickremesinghe discussed Sri Lanka’s entry into BRICS with Russian President Putin and received an invitation for the Summit there but as a result of the change of government, in Sept. 2024, Sri Lanka ignored that invitation.

That resulted in Sri Lanka being left out from the New Delhi summit, Prof. Peris said.

Prof. Peiris pointed out the absurdity in sending the Foreign Secretary to the BRICS Summit in Russia instead of the President, PM or the Foreign Minister to represent the country.

Referring to the forthcoming conclusion of the current IMF programme, initiated during Wickremesinghe’s time, Prof. Peiris said that Sri Lanka lost a great opportunity to benefit from BRICS by failing to represent the country at a higher level at the Russian summit.

The BRICS nations established the New Development Bank (NDB), originally called the BRICS Development Bank, Prof. Peiris said.

Dismissing NPP government’s explanation regarding Iranian ships awaiting necessary supplies but deprived by US imposed restrictions, the former Minister strongly criticised the administration’s response. According to him, this government responded in a similar manner when the US sank an unarmed Iranian frigate just outside Sri Lankan territorial waters in March this year.

Prof. Peiris declared that the government’s assertion that the US restrictions weren’t only directed at Sri Lanka but all Iranian vessels in other regions as well was not acceptable (SF)

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