President-elect Donald Trump asked his supervising judge on Monday criminal hush money case In New York, sentencing in the case is set for Friday.
Judge Juan Merchan, in last week’s ruling, ordered Trump to do so appear for sentencingin person or virtually, after being convicted of 34 counts of falsifying business records on Jan. 10, May.
It was Trump found guilty in May, falsifying business records related to payments made to adult film actress Stormy Daniels to boost her electoral chances in the 2016 presidential election.
In a court filing Monday, Trump’s attorneys argued that Merchan “will lack jurisdiction to proceed with the sentence” because Trump is still appealing Merchan’s earlier ruling that the Supreme Court’s ruling on presidential immunity does not apply in the New York case.
“Forcing a president to continue to defend a criminal case — potentially through trial or, more significantly here, through conviction and sentence — while appellate courts deal with his immunity claim would, in effect, force that president” to face his own conduct. to answer in court’ before his immunity claim is finally adjudicated,” defense attorneys Todd Blanche and Emil Bove wrote.
Merchan had originally scheduled the sentencing for July 11 before pushing it back to consider whether Trump’s conviction was affected by a July ruling that bars a president from being prosecuted for official acts 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 Power”.
Merchan said last week he would punish Trump with an unconditional discharge, a blemish on Trump’s record, saying he was striking a balance between the duties of the president and the sanctity of the jury’s verdict.
Former Republican presidential candidate Donald Trump speaks at a campaign rally on March 9, 2024, in Rome, Ga.
Mike Stewart/AP
Trump’s lawyers said it didn’t matter.
“It is not at this time to suggest that the Court intends to impose a sentence of unconditional release. While it is undeniable that the charges framed in this meritless case should never have been brought, and at this time could not justify any more punishment than that, it is not at all an appropriate sentence based on numerous legal errors , including legal errors directly related to Presidential immunity that President Trump will address in upcoming appeals.” said the defense.
The Manhattan district attorney’s office declined to comment on Monday’s filing.
