Trump asks court to postpone sentencing ahead of inauguration
President-elect Donald Trump is asking a New York judge to halt sentencing in his felony hush-money case. It is scheduled to take place on January 10th.
His lawyers announced Monday that Trump would appeal Judge Juan Merchant’s decision, ordering sentencing to proceed.
Trump’s lawyers wrote in court documents that they would seek to “dismiss this politically motivated prosecution that was flawed from the beginning.”
In May 2024, Trump was convicted of 34 felony counts of falsifying business records, becoming the first former president to be convicted.
The charges stem from Trump’s attempts to disguise hush money payments to adult film stars as legal fees.
Trump has pleaded not guilty and denied any wrongdoing. His lawyers said filing an appeal should halt criminal proceedings in his New York case.
Sentencing has been repeatedly delayed due to the 2024 presidential election and Trump’s attempts to dismiss the case on grounds of presidential immunity. Judge Merchan ultimately rejected the immunity argument in December.
On January 3, Judge Merchant issued an order saying he would move forward with sentencing before Trump takes office, but wrote that he would not consider any prison sentences.
He ordered Trump to appear at the hearing virtually or in person.
“The American people elected President Trump with an overwhelming mandate to immediately end the political weaponization of our justice system and all remaining witch hunts,” said Steven Cheung, spokesman for Trump’s presidential transition. ”
Trump’s team has not publicly commented on whether the president-elect will appear in court, but the Manhattan District Attorney’s Office noted in its response to the stay request on Monday afternoon that “the defendant has decided to appear virtually rather than in person for sentencing.” A few pages later the reference to virtual hearings is repeated again.
In response, the district attorney asked the judge to deny Trump’s request for an immediate stay of sentencing, arguing that he would not be prejudiced by the decision.
In the weeks after the election, Manhattan District Attorney Alvin Bragg, who brought the case, and Trump’s legal team filed a series of legal documents.
Bragg’s office has previously said they would not object to delaying Trump’s sentencing until the end of his term, four years from now.
But after Judge Merchant decided to continue sentencing, Bragg has asked the judge to continue sentencing on Friday.
“This court firmly believes that the legal dilemma faced can only be resolved by finalizing this matter,” Judge Merchian wrote in last week’s order.
However, the judge left the door open to the possibility of Trump seeking an appeal, writing that he “must be allowed to take advantage of all available appeals.”
