Trump has pleaded not guilty and denied his guilt. His attorneys said the appeal was intended to end the prosecution of his New York case.
The sentencing has been repeatedly delayed due to the 2024 presidential election and Trump’s attempt to get the case dismissed on the basis of a claim of presidential immunity. Judge Merchan finally rejected the immunity argument in December.
On Jan. 3, Judge Merchan issued an order saying he would proceed with sentencing until Trump takes office, but wrote that he would not consider a prison sentence.
He ordered Trump to appear at the hearing virtually or in person.
“The American people elected President Trump with an overwhelming mandate demanding an immediate end to the political weaponization of our justice system and all other witch hunts,” said Stephen Cheng, a spokesman for the transition to President Trump.
Trump’s team has not publicly commented on whether the president will be selected for trial, but in its response Monday afternoon to a request for a stay, the Manhattan prosecutor’s office cited “the defendant’s decision to appear for sentencing in person rather than in person.” The link to the virtual meeting was repeated several pages later.
In response, the district attorney asked the judge to deny Trump’s request for an immediate stay of the sentence and argued that such a decision would not cause harm.
In the weeks since the election, a ream of court documents have been filed by Manhattan District Attorney Alvin Bragg, who opened the case, and Trump’s legal team.
Bragg’s office previously said they would not be opposed to delaying Trump’s sentencing until the end of his term in office, four years from now.
But after Judge Merchan decided to continue the sentencing, Bragg asked the judge to continue the sentencing on Friday.
In his order last week, Judge Merchan wrote that “this court firmly believes that the legal issues will be resolved only by a final decision on this matter.”
Still, the judge left the door open to the possibility that Trump would try to appeal the sentence, writing that he “should be allowed to pursue every available appeal.”
