(NEW YORK) — President-elect Donald Trump on Monday asked the judge overseeing his criminal hush money case in New York to halt his sentencing in the case, currently set for Friday.
Judge Juan Merchan, in a ruling last week, ordered Trump to appear for sentencing, either in person or virtually, on Jan. 10 following his May conviction on 34 felony counts of falsifying business records.
Trump was found guilty in May of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
In a court filing Monday, Trump’s attorneys argued Merchan “will lack authority to proceed with sentencing” because Trump is still appealing Merchan’s earlier ruling that the Supreme Court’s presidential immunity decision does not apply to the New York hush money case.
“Forcing a President to continue to defend a criminal case — potentially through trial or, even more dramatically here, through sentencing and judgment — while the appellate courts are still grappling with his claim of immunity would, in fact, force that President ‘to answer for his conduct in court’ before his claim of immunity is finally adjudicated,” defense attorneys Todd Blanche and Emil Bove wrote.
Merchan initially scheduled the sentencing for July 11 before pushing it back in order to weigh if Trump’s conviction was impacted by the Supreme Court’s July ruling prohibiting the prosecution of a president for official acts undertaken while in office. Merchan subsequently ruled that Trump’s conviction related “entirely to unofficial conduct” and “poses no danger of intrusion on the authority and function of the Executive Branch.”
In a subsequent filing on Monday, the Manhattan district attorney’s office urged Merchan to reject Trump’s request, arguing that the court has already “bent over backwards” to allow Trump to raise his claims of presidential immunity.
Manhattan District Attorney Alvin Bragg rejected Trump’s argument that his pending appeals mean Merchan does not have the authority to go forward.
“The notices of appeal that defendant will file with the Appellate Division do not divest this Court of jurisdiction or otherwise automatically stay proceedings in this Court,” Bragg argued in his filing.
Prosecutors argued that Trump’s lawyers failed to make the “extraordinary showing” needed to justify a stay of the entire case as they requested, arguing that the delay is largely a product of Trump’s own doing.
“The current schedule is entirely a function of defendant’s repeated requests to adjourn a sentencing date that was originally set for July 11, 2024; he should not now be heard to complain of harm from delays he caused,” the filing said.
The district attorney said sentencing Trump on Jan. 10 would not impair the discharge of Trump’s official duties because they are “duties he does not possess before January 20, 2025.”
“The President-elect is, by definition, not yet the President. The President elect therefore does not perform any Article II functions under the Constitution, and there are no Article II functions that would be burdened by ordinary criminal process involving the President elect,” the filing said.
Merchan last week indicated that he would sentence Trump to an unconditional discharge, effectively a blemish on Trump’s record, saying it struck a balance between the duties of president and the sanctity of the jury’s verdict.
Trump’s attorneys said it did not matter.
“It is of no moment that the Court has suggested an intention to impose a sentence of unconditional discharge. While it is indisputable that the fabricated charges in this meritless case should have never been brought, and at this point could not possibly justify a sentence more onerous than that, no sentence at all is appropriate based on numerous legal errors — including legal errors directly relating to Presidential immunity that President Trump will address in the forthcoming appeals,” the defense said.
The Manhattan district attorney’s office declined to comment on Monday’s filing.
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