Judge Juan Merchans surprising decision sets the date less than two weeks before Trumps inauguration.

Read the judges Trump sentencing decision.

The judge had delayed sentencing twice already, the most recent until after the presidential election.

NEW YORK, NEW YORK - APRIL 04: Former U.S. President Donald Trump sits at the defense table with his defense team in a Manhattan court on April 4, 2023 in New York City. Trump was arraigned during his first court appearance today following an indictment by a grand jury that heard evidence about money paid to adult film star Stormy Daniels before the 2016 presidential election. With the indictment, Trump becomes the first former U.S. president in history to be charged with a criminal offense. (Photo by Seth Wenig-Pool/Getty Images)

Donald Trump with his defense team in a Manhattan court on April 4, 2023Seth Wenig-Pool/Getty Images

The Supreme Courts decision inTrumphas delayed sentence not precluded it.

In May, a jury found Trump guilty of 34 felony counts of falsifying business records.

He is the first president or ex-president convicted of a felony.

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Merchan ordered Trump to appear at the sentencing next week, but wrote that the president-elect could appear virtually.

This lawless case should have never been brought and the Constitution demands that it be immediately dismissed.