A New York Court of Appeals judge has denied President-elect Donald Trump’s request to delay his Jan. 10 ruling. criminal hush money case.
Trump’s sentencing will continue as scheduled Friday, pending additional potential legal maneuvering by the president-elect’s lawyers.
Judge Ellen Gesmer ruled that Trump should delay the case because of presidential immunity, after his attorney argued in court that he is covered by the presidential immunity extended to Trump while he waits to be sworn in.
The appeals court heard arguments Tuesday in Trump’s case against the judge in the case, Juan Merchan, and Manhattan District Attorney Alvin Bragg, as part of Trump’s effort to halt the sentence after the conviction in May.
“We should get a stay so that no further action can take place,” defense attorney Todd Blanche said during oral arguments in the Appellate Division’s First Judicial Department. “The imposition is exceptional.”
Judge Ellen Gesmer has questioned whether the immunity granted to sitting presidents extends to elected presidents.
“I’m curious about that,” he said. “Do you have support for any idea that extends presidential immunity to presidents-elect?”
Former Republican President Donald Trump speaks at a campaign event on September 25, 2024 in Mint Hill, NC
Evan Vucci/AP
Blanche answered no. “There’s never been a case like this before, so no,” said Blanch.
Prosecutors said there is “no evidence whatsoever” to support the claim that presidential immunity applies to Trump before he takes office on January 20.
“The claim is so without merit that there is no support for an automatic stay here,” said Manhattan District Attorney Steven Wu. “It is in the public interest to see this process completed.”
Prosecutors noted that Trump’s sentencing was originally scheduled for July 11 and that all delays since then have been made at Trump’s request.
“If it’s going to happen, now is the best time for it to happen,” Wu said.
It was Trump found guilty In May, adult film actress Stormy Daniels was indicted on 34 counts of falsifying business records to boost her electoral chances in the 2016 presidential election.
Merchan originally scheduled Trump’s sentencing for July 11 before pushing back to consider whether Trump’s conviction was influenced by the Supreme Court. July verdict prohibiting prosecution of a president for official acts done while in office. Merchan then went on to say that Trump’s conviction had something to do with “totally unofficial behavior“and “does not risk encroaching on the authority and function of the Executive branch.”
Trump’s lawyers asked the appeals court to halt the proceedings — including the January 10 ruling — and to throw out his conviction entirely on grounds of presidential immunity.
“Justice Merchan’s wrong decisions threaten the institution of the Presidency and go against the established precedents, in addition to not accepting any criminal process against the President-Elect, but prohibiting a president from using evidence of official acts against him in a criminal procedure”, they argued. in their suit
Blanche and defense attorney Emil Bove, both of whom have been chosen by Trump Senior officials of the Department of Justice in the incoming administration, the suit said Trump’s “undisputed absolute immunity” extends back to the time he was elected president — an argument Judge Merchan roundly rejected last week.
The lawyers also said that the verdict of the jury was “wrong”, because they had seen evidence related to official acts.
“President Trump brings this Section 78 proceeding to remedy the serious and ongoing violation of his Presidential immunity from criminal process as the 45th and soon to be 47th President of the United States of America,” the filing states.
The president-elect faces four years in prison, but Merchan said last week he would sentence Trump to an unconditional discharge — a blemish on Trump’s record, without jail time, fines or probation — that would strike a balance. the duties of the president and the sanctity of the verdict of the jury.
Merchan on Monday denied a separate request Trump to stop the ruling in the case.
