Donald Trump's lawyers asked for a delay from a New York judge on Monday punishment of elected president In his “hush money” criminal case, which is due to take place at the end of the week.
Trump intends to appeal Justice Juan Marchan's January 3 decision, which rejected a motion to dismiss and upheld Trump's conviction on 34 felony charges of falsifying business records. Merchan ordered Trump to appear in person or virtually for the sentencing hearing on Friday.
The request was rejected late Friday by Merchan, who wrote that Trump's arguments “are, for the most part, a repetition of arguments he has raised many times in the past.” Merchan said they are “for the most part, factually different from the actual records or legally inapplicable.”
Trump's lawyers argued that his appeal means proceedings in the case should be automatically halted, and that if the delay is not automatic, Marchant should grant one anyway. On Monday, they also filed a demand that the appellate court hear their arguments on Tuesday morning.
Their filing indicates that they also intend to file a separate lawsuit to prevent the sentencing from moving forward.
Trump spokesman Steven Cheung reiterated Trump's claim that his prosecution was “unlawful” in a statement to CBS News. He said Trump's return to the White House “requires an immediate end to the political weaponization of our justice system and all remaining witch hunts.”
“The Supreme Court's landmark decision on immunity, the New York State Constitution, and other established legal precedents dictate that this meritless fraud be immediately dismissed,” Cheyun said.
A unanimous jury in May made Trump the first former president convicted of crimesSentencing has been repeatedly delayed over the past few months. It was initially scheduled for July 11, but Trump asked for a delay when filing a motion to dismiss, based on a landmark Supreme Court ruling related to presidential immunity.
Prosecutors for Manhattan District Attorney Alvin Bragg filed a response Monday saying they oppose pushing back the sentencing.
“The trial ended more than seven months ago; all post-trial motions have been fully ruled on; and as far as the only remaining proceeding – the January 10 sentencing – is concerned, the court has already concluded by law The Authority has stated its intention to impose the lowest possible sentence: unconditional release,” he wrote.
That proposal was later rejected by Märchen. The sentencing date of September 18 was moved up after Trump asked for it to be pushed until after the election. It was then scheduled for November 26, but was delayed again after Trump won the presidential election. Trump's team filed another motion for dismissal after his victory, saying it is unconstitutional to bring criminal proceedings involving a president-elect. Prosecutors and Marchen disagreed.
Merchan said Trump's own motion to dismiss recognizes that the president-elect is not entitled to immunity from criminal proceedings.
“Undoubtedly, the transition period between the election and the taking of the presidential oath of office is one of great responsibility,” Marchan wrote on January 3. “At least 33 serving presidents.”
Merchan indicated in his decision that Trump would not face imprisonment or any other restrictions on his liberty after sentencing.