New York Court Rejects Trump’s Attempt to Block Friday’s Sentencing

January 9, 2025 TruthUSA

The court did not offer any rationale for its decision.

On Thursday, New York’s highest appeals court rejected President-elect Donald Trump’s plea to delay sentencing for his conviction last year regarding falsified business records.

A judge from the New York Court of Appeals issued a succinct order declining to grant a hearing for Trump’s legal representatives. No explanation was provided to Trump’s counsel.

In a recent filing, Trump’s lawyers claimed that both Justice Juan Merchan and the state’s mid-level appellate court “mistakenly failed” to halt the sentencing, asserting that the Constitution necessitates an automatic stay during their appeal against the judge’s upholding of the verdict.

While announcing the sentencing schedule, Merchan suggested he would not impose fines, probation, or jail time. A jury in Manhattan found Trump guilty of falsifying business records related to payments made during the 2016 election campaign. Trump has maintained his innocence and denied any misconduct.

In an urgent application, Trump’s attorneys requested the New York Court of Appeals to issue an immediate stay on the sentencing hearing, arguing that the May trial breached the U.S. Supreme Court’s ruling in July, which granted their client extensive immunity from prosecution concerning actions taken during his presidency. They also contended that sentencing should be postponed while the appeals process is underway.

“As discussed herein, the initiation of appellate proceedings seeking interlocutory review of these claims of Presidential immunity immediately triggers an automatic stay of proceedings in the Supreme Court under Trump v. United States and related legal precedents,” Trump’s attorneys stated. “This appellate process should lead to the dismissal of this politically motivated case, which was flawed from the outset, based on the wrongful actions and false claims of a disgraced, disbarred serial liar former attorney, infringing upon President Trump’s due process rights, and lacking any merit.”

Trump’s lawyers further argued that the court’s decision to set sentencing for January 10, 2025, just days before President Trump’s swearing-in for a second term, poses significant harm and infringes on President Trump’s constitutional rights.

Trump’s inauguration is set for January 20.

Last week, Merchan ruled that Trump’s sentencing could proceed as scheduled this Friday, dismissing claims from his legal team that his election win should nullify the case. He indicated he would not impose any sentence.

“While this Court must not make any determinations regarding sentencing before allowing the parties and Defendant to be heard, it seems appropriate at this juncture to express the Court’s inclination to refrain from imposing any term of incarceration, a sentence allowable by the conviction but one the People concede they no longer view as practical,” Merchan noted.

The Manhattan District Attorney’s Office, which is pursuing the case against the president-elect, stated this week in a court filing that it opposes Trump’s attempt to interrupt the sentencing process.

“There is no risk here of an ‘extended proceeding’ that hampers the execution of the defendant’s official duties—duties he does not hold before January 20, 2025, anyway,” the office asserted in its filing.

Additionally, Trump requested that the U.S. Supreme Court intervene to postpone Friday’s sentencing. This emergency motion was directed to Justice Sonia Sotomayor, who oversees urgent appeals from New York state.

The filing pointed out that, following his inauguration, Trump would attain “complete immunity from all criminal” proceedings and that “the principle of sitting-President immunity protects him from criminal process during this brief yet critical period of Presidential transition, while he navigates the demanding task of preparing to take control of” the executive branch.

Trump has been involved in a total of four criminal cases across different jurisdictions. Two federal cases initiated by special counsel Jack Smith were dismissed following Trump’s November victory, while a state case in Georgia has been effectively stalled after a state court removed district attorney Fani Willis amid impropriety allegations.

The Associated Press contributed to this report.

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