Judge Juan Merchan ruled against Donald Trump's motion to dismiss the guilty verdict in the New York fraud case in which Trump was found guilty on 34 counts. Trump must now return to court virtually or in person on Jan. 10.
The judge also took a moment to shame Trump's attorneys, saying, "There have, however, been instances when in written submissions, counsel has come dangerously close to crossing the line of zealous representation and professional advocacy one would respect from members of the bar and officers of the court and this Court has at times, made counsel aware of its observations and concerns. Now, counsel has resorted to language, indeed rhetoric, that has no place in legal filings."
Merchan also said he would not order Trump to be incarcerated.
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Speaking to MSNBC about the decision, former FBI general counsel Andrew Weissmann said that detail was unsurprising.
"It does not surprise me in this context. If Donald Trump had not won the election, I think I would be surprised because there are 34 counts," said Weissmann, noting that they aren't the most serious felonies but an "E-Felony."
As Weissmann said, Trump wouldn't be able to serve a sentence for four years, so he'll be forced to come up with something to punish Trump for the crimes.
MSNBC legal analyst Lisa Rubin called the idea that Trump would end up in court again "stunning," thinking Merchan would also look for a middle ground after Trump's win and the district attorney's office indicating they were fine with such an approach.
"So, the fact that he has scheduled this sentencing for January 10th is itself stunning," she said.
"I think one thing that was very persuasive to Judge Merchan was this is a situation of Donald Trump's own making, in part," said Rubin, reading from page seven of the decision.
"The defendant now claims that the court cannot and must not sentence the defendant; the record is clear that he not only consented to that, in fact, requested the very adjournment that led us down the path we are on, it was on his application without opposition from the people (meaning the district attorney's office) that the sentence was adjourned until after the election," Merchan said.
Rubin said the kicker came from the judge's statement, " Any claim the defendant may have that circumstances may change as a result of the victory in the presidential election while convenient is disingenuous."
The sentencing was scheduled right before the inauguration after Trump "played games, constantly, delay, stall, ignore," said Rubin. "This was a victory mostly about timing, not about substance."
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