President-elect Donald Trump’s request to delay the January 10 sentencing hearing in his hush-money trial was denied by a New York appeals court judge on Tuesday.
Trump’s legal team filed a 502-page lawsuit with a New York appeals court to delay the sentencing hearing in his hush-money trial, which is scheduled for this Friday, the New York Post reported. Hours later, Judge Ellen Gesmer, who serves on New York’s midlevel appeals court, rejected Trump’s petition. The appeals court decision comes after Judge Juan Merchan denied Trump’s request to delay the sentencing hearing, which is scheduled to take place just 10 days before Trump is sworn into office.
In their legal filing, Trump’s team argued that the jury’s verdict in the hush-money trial was “erroneous” because they were presented with evidence related to Trump’s official acts as president. Trump’s lawyers also argued that his “undisputed absolute immunity” extends to his time as president-elect, ABC News reported.
Gesmer questioned Trump’s lawyers about whether presidential immunity extends to a president-elect. Trump’s lawyer, Todd Blanche, replied that there isn’t support for the presidential immunity extending to presidents-elect, adding, “There has never been a case like this before.”
Steven Wu of the Manhattan District Attorney’s Office argued, “There is a compelling public interest in seeing this process come to an end.”
“If sentencing is to happen at all, now is the best time for it to happen,” Wu said.
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Trump can still take his request to delay the sentencing before the court’s full panel as he appeals his conviction, The Hill reported. Trump has requested a sentencing hearing date of January 27, a week after he is sworn into office. By then, the case is expected to be frozen since Trump will be the sitting president.
In their petition to the appeals court, Trump’s lawyers wrote, “Justice Merchan is without authority under the law to proceed to sentencing while President Trump exercises his federal constitutional right to challenge these rulings.”
Judge Merchan has signaled that he will issue a sentence of an “unconditional discharge,” meaning Trump would not face any punishment.
Trump was found guilty on all charges in the hush money case last May. He was charged with 34 felony counts of falsifying business records to hide payments that were allegedly sent to porn actress Stormy Daniels in exchange for her silence on an alleged extramarital affair. Trump has denied the charges and said that the trial was politically motivated.
