US President-elect Donald Trump on Monday urged a judge to delay the sentencing set for Friday in his New York hush money case, as he prepares for his historic White House return.
Juan Merchan ruled last week that Trump’s sentencing should go ahead despite the Republican tycoon’s inauguration in two weeks, rejecting his argument that his election victory should spell an end to the case.
Trump’s attorneys said in a filing that they are appealing Merchan’s ruling upholding Trump’s conviction by a Manhattan jury and argued the judge must pause the case in the meantime.
“By virtue of President Trump’s filing of appellate proceedings raising his claims of presidential immunity, all proceedings in this court are automatically stayed by operation of federal constitutional law,” Trump’s legal team said.
“In the alternative, even if such a stay were discretionary, the court should grant such a stay.”
The filing was made public as Trump set to be certified as the winner of the 2024 presidential election on Monday, four years after his supporters rioted at the US Capitol as he sought to overturn his 2020 defeat.
Trump’s lawyers asked Merchan to notify the parties by 2:00 pm (1900 GMT) whether he will cancel the sentencing and said they would be filing two appeals in state court.
Trump, the first former president ever convicted of a crime, has been permitted to appear either in person or virtually on Friday.
He was convicted in May of 34 counts of falsifying business records to cover up a hush money payment to porn star Stormy Daniels on the eve of the 2016 election to stop her from revealing an alleged 2006 sexual encounter.
Trump’s attorneys had sought to have the case dismissed on multiple grounds, including the Supreme Court’s landmark ruling last year that former US presidents have sweeping immunity from prosecution for a range of official acts committed while in office.
In an 18-page decision, Merchan rejected the motions but noted that Trump will be immune from prosecution once he is sworn in as president.
He said he was leaning towards giving Trump an unconditional discharge — meaning the real estate tycoon would not only avoid the threat of jail, but would escape conditions of any kind.
The sentence would nevertheless see Trump entering the White House as a convicted felon.
The 78-year-old potentially faced up to four years in prison but legal experts — even before he won the November presidential election — did not expect Merchan to incarcerate him.
