NEW YORK — President-elect Donald Trump on Monday asked the judge overseeing his criminal prosecution in New York to halt a sentencing hearing set for Friday.
Judge Juan Merchan, in a surprise ruling last week, ordered Trump to appear for sentencing either in person or virtually January 10 following his May conviction on 34 felony counts of falsifying business records.
Trump’s attorneys argued Merchan “will lack authority to proceed with sentencing” because Trump is still appealing Merchan’s earlier ruling that the Supreme Court’s presidential immunity decision does not apply to the New York hush money case.
“Forcing a President to continue to defend a criminal case-potentially through trial or, even more dramatically here, through sentencing and judgment-while the appellate courts are still grappling with his claim of immunity would, in fact, force that President ‘to answer for his conduct in court’ before his claim of immunity is finally adjudicated,” defense attorneys Todd Blanche and Emil Bove wrote.
Merchan said he would sentence Trump to an unconditional discharge, effectively a blemish on Trump’s record, saying it struck a balance between the duties of president and the sanctity of the jury’s verdict.
Trump’s attorneys said it did not matter.
“It is of no moment that the Court has suggested an intention to impose a sentence of unconditional discharge. While it is indisputable that the fabricated charges in this meritless case should have never been brought, and at this point could not possibly justify a sentence more onerous than that, no sentence at all is appropriate based on numerous legal errors-including legal errors directly relating to Presidential immunity that President Trump will address in the forthcoming appeals,” the defense said.
The Manhattan district attorney’s office declined to comment.
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