On Monday, Donald Trump's attorneys asked a judge in New York to delay the sentencing for the president-elect concerning his "hush money" criminal case, which is set for the end of the week. Trump is planning to appeal a decision made by Justice Juan Merchan on January 3, which not only rejected a dismissal motion but also supported Trump’s conviction on multiple felony counts related to falsifying business records. The judge mandated that Trump appear for sentencing either in person or virtually on Friday.
However, Justice Merchan rejected the request for delay late Monday, mentioning that Trump's legal arguments were mainly reiterations of previous points raised multiple times. He further noted that those arguments were largely distinguishable from the existing record and did not apply legally. Trump’s lawyers contended that their appeal should automatically halt any proceeding, and if it didn’t, they urged Merchan to grant a delay in any case. They also filed a request for an appellate court to hear their arguments promptly.
Accompanying their legal maneuvers, Trump’s spokesperson, Steven Cheung, reiterated claims that the prosecution was unlawful and argued for the immediate cessation of what he termed the political exploitation of the judicial system. He pointed to a ruling by the Supreme Court regarding immunity, claiming it entitled Trump to dismissal of the charges against him.
Trump made history in May by becoming the first former president to be convicted of a crime, and since then, his sentencing has faced multiple delays. While it was initially set for July 11, Trump sought a delay that ultimately pushed it to November 26. This latest delay was a result of Trump's election victory, during which his team filed yet another motion to dismiss, arguing that a president-elect should not face criminal proceedings. However, prosecutors and Justice Merchan disagreed with this stance.
In his response, Merchan recognized the significance of the transition period for a president-elect but asserted that Trump's own motion conceded that a president-elect does not enjoy immunity from facing criminal charges. He also indicated that Trump would not face incarceration or restrictions on his freedom following the sentencing.
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