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On Monday, a New York judge rejected President-elect Donald Trump’s plea to delay a sentencing hearing in his criminal case, which is scheduled for Friday, a mere ten days before his inauguration. Trump’s lawyers argued in a publicly released filing to state Judge Juan Merchan that the court ought to annul the sentencing hearing set for January 10, 2025, and suspend all other deadlines until the appeals regarding Trump’s immunity are conclusively resolved. Judge Merchan ruled against this request late Monday.
The Court has reviewed the Defendant’s arguments in favor of his motion and concludes that they largely reiterate points he has previously made on multiple occasions, as noted by Merchan.
Merchan denied Trump’s request to dismiss the case in a ruling issued last week and mandated that sentencing on 34 felony counts related to falsifying business records continue this week, prior to his inauguration.
In his filing, Trump indicated that he plans to appeal these decisions to the state Appellate Division later on Monday, asserting that he is entitled to an “automatic stay.”
The appeal, submitted late Monday afternoon, requests a hearing date of January 27, which is one week following inauguration.
In a statement, Trump spokesperson Steven Cheung described the upcoming sentencing as “unlawful.” He asserted,
“The Supreme Court’s landmark ruling on Immunity, along with the New York state constitution and other established legal precedents, require that this baseless hoax be dismissed without delay”
In his ruling on Friday, Merchan indicated that he did not intend to impose a jail sentence on Trump, suggesting that he would probably opt for an unconditional discharge. This would result in Trump remaining a convicted felon without facing any additional penalties.
Trump was found guilty in May for falsifying records associated with hush money payments made by his former attorney, Michael Cohen, to adult film actress Stormy Daniels during the final days of the 2016 presidential campaign. Daniels testified about a sexual encounter with Trump in 2006, a claim that Trump has consistently denied.
Initially, Trump was set to be sentenced in July; however, Merchan postponed the proceedings at Trump’s request due to a ruling from the U.S. Supreme Court that introduced a new standard for presidential immunity during that month. In two rulings issued recently, Merchan concluded that the Supreme Court’s decision did not alter Trump’s conviction in the criminal case.
The judge’s ruling on Friday allowed Trump the option to attend the sentencing either in person or via a virtual platform, requesting that his attorneys inform him of the decision by Sunday. It is still unclear whether they provided a response or if their filing constitutes that response.
The District Attorney’s filing on Monday indicated that Trump chose to appear virtually, but did not specify the source of this information.
