Lawyers for Donald Trump on Monday demanded a New York judge delay the president-elect’s sentencing in his “hush money” criminal case, which is scheduled to take place at the end of the week.
Trump intends to appeal a Jan. 3 ruling by Justice Juan Merchan rejecting a motion to dismiss and upholding Trump’s conviction on 34 felony charges of falsifying business records. Merchan ordered Trump to appear in person or virtually for sentencing on Friday.
The request was denied late Monday by Merchan, who wrote that Trump’s arguments “are for the most part, a repetition of the arguments he has raised numerous times in the past.” Merchan added that they “are for the most part, factually distinguishable from the actual record or legally inapplicable.”
Trump’s lawyers argued their appeal means proceedings in the case must automatically be paused, and if the delay isn’t automatic, Merchan should grant one anyway. On Monday, they also filed a demand that an appellate court hear their arguments Tuesday morning.
Their filing indicates they also intend to file a separate lawsuit to prevent sentencing from moving forward.
Trump’s spokesperson Steven Cheung reiterated in a statement to CBS News Trump’s claim that his prosecution was “unlawful.” He added that Trump’s return to the White House requires “an immediate end to the political weaponization of our justice system and all of the remaining Witch Hunts.”
“The Supreme Court’s historic decision on Immunity, the state constitution of New York, and other established legal precedent mandate that this meritless hoax be immediately dismissed,” Cheun said.
A unanimous jury in May made Trump the first former president ever to be convicted of crimes. Sentencing has been delayed repeatedly in the months since. It was initially scheduled for July 11, but Trump asked for a delay while filing a motion to dismiss, based on a landmark Supreme Court ruling related to presidential immunity.
In a response filing Monday, prosecutors for Manhattan District Attorney Alvin Bragg said they oppose pushing back sentencing.
“The trial concluded more than seven months ago; all post-trial motions have been fully adjudicated; and as to the only remaining proceeding—the January 10 sentencing—the Court has already stated its intent to impose the lowest possible sentence authorized by law: an unconditional discharge,” they wrote.
That motion was later rejected by Merchan. A Sept. 18 sentencing date was pushed back after Trump asked to move it until after the election. It was then scheduled for Nov. 26, but delayed again after Trump won the presidential election. Trump’s team filed another motion to dismiss after his victory, saying it was unconstitutional to hold criminal proceedings related to a president-elect. Prosecutors and Merchan disagreed.
Merchan said Trump’s own motion to dismiss acknowledged that a president-elect is not entitled to immunity from criminal proceedings.
“Undoubtedly, the transition period between election and the taking of the presidential oath is one filled with enormous responsibility,” Merchan wrote on Jan. 3. “Yet, even (the) defendant in his motion refers to presidential immunity as one relating specifically to a sitting president no fewer than 33 times.”
Merchan indicated in his ruling that Trump will not face incarceration or any other restriction on his freedom after sentencing.
