Hush money judge refuses to delay Trump's criminal sentencing

The New York judge who oversaw President-elect Trump’s criminal trial this spring declined his request to pause Friday’s sentencing, setting up a last-minute appellate battle as he seeks to stave off the proceeding.

Trump could still attempt to have an appeals court step in as his attorneys argue Judge Juan Merchan was wrong to reject Trump’s presidential immunity claims and uphold the conviction in his hush money criminal case.

“This Court has considered Defendant's arguments in support of his motion and finds that they are for the most part, a repetition of the arguments he has raised numerous times in the past,” Merchan wrote in Monday’s ruling.

In May, a New York jury found Trump guilty of 34 felony counts of falsifying business records in connection with a hush money payment made to adult film actress Stormy Daniels so she would keep an alleged affair, which he denies, secret ahead of the 2016 presidential election.

Merchan, who oversees the trial proceedings, had agreed to Trump’s requests to delay his sentencing until after the election. The judge rescheduled it for Friday after rejecting Trump’s efforts to toss the case over his separate immunity claims as a former president and president-elect.

Though Merchan said he is inclined to impose no jail time or punishment, the trajectory would keep Trump’s criminal conviction intact and make him the first felon to assume the presidency on Inauguration Day, now just two weeks away.

Trump’s attorneys are seeking to block that scenario, demanding the sentencing be put on hold as they appeal Merchan’s recent rulings. Trump filed the first of two expected appeals Monday afternoon.

“Justice Merchan is without authority under the law to proceed to sentencing while President Trump exercises his federal constitutional right to challenge these rulings, and the erroneous jury verdict in the underlying criminal case must be vacated and the charges against President Trump must be dismissed with prejudice, without further delay,” Trump’s attorneys wrote.

Manhattan District Attorney Alvin Bragg’s (D) office pushed back, noting in court filings Monday that Trump had asked for the delays and that wrapping up the case now with a sentencing the president-elect wouldn't be required to attend in person wouldn’t interfere with his presidency.

“There is no risk here of an ‘extended proceeding’ that impairs the discharge of defendant’s official duties — duties he does not possess before January 20, 2025 in any event,” prosecutors wrote.

Trump’s ask for a delay comes as only days remain until he retakes the White House. Legal experts largely agree that, at minimum, the proceedings can’t move forward after the inauguration.

Updated at 5:22 pm.

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