President-elect Donald Trump made another attempt on Tuesday to postpone his sentencing in his hush money case by appealing to a New York court to intervene as he seeks to delay the conclusion of his conviction ahead of his return to the White House.
Why It Matters
Last May, Trump was convicted by a New York jury on 34 felony counts of falsifying business records to conceal a "hush money" payment to adult film star Stormy Daniels ahead of the 2016 presidential election.
While other criminal proceedings against Trump have been suspended because of his 2024 election victory, Judge Juan Merchan has denied the president-elect's request to throw out his New York conviction, which cannot be overturned by a federal pardon.
What To Know
On Monday, Merchan rejected a request from Trump's lawyers to indefinitely delay sentencing. Trump on Tuesday appealed to the Appellate Division of New York's trial court, seeking to halt the proceedings still set to move forward on Friday.
Trump is requesting an immediate stay to delay sentencing as he appeals Merchan's decision to uphold the landmark verdict. Oral arguments were scheduled before a single judge on Tuesday with a ruling anticipated shortly after.
The timing battle over Trump's sentencing unfolds just weeks before his inauguration, making him the first U.S. president to assume office with a criminal conviction. If sentencing is not completed before his second term begins on January 20, it could be delayed until 2029, as Merchan and many legal experts support the view that a sitting president is shielded from criminal prosecution.
Merchan has indicated he is unlikely to impose severe penalties on Trump. Acknowledging the logistical challenges of Trump's transition to the presidency, the judge plans to allow Trump to attend the sentencing remotely via video, avoiding an in-person appearance at the Manhattan courthouse.
Trump and his legal team argue that sentencing should be halted, insisting the conviction and indictment must be dismissed. They have also hinted at the possibility of escalating the case to the U.S. Supreme Court.
Previous Efforts by Trump
Merchan has previously dismissed arguments invoking presidential immunity while Tump's legal team has appealed his decisions.
Merchan emphasized that sentencing is essential to ensure "finality" in the case, arguing that justice would best be served by concluding the matter. He suggested that an unconditional discharge—resolving the case without imposing jail time, fines or probation—"appears to be the most viable solution."
The Hush Money Case
The charges stem from an alleged scheme to conceal a hush money payment made to adult film actor Stormy Daniels in the final weeks of Trump's 2016 presidential campaign, aimed at preventing her from sharing claims of a past sexual encounter with him.
Trump has denied the allegations, maintaining that Daniels' account is false and that he committed no wrongdoing.
What People Are Saying
In a court filing to the appellate division this week, Trump's lawyers Todd Blanche and Emil Bove said that Merchan "is without authority under the law to proceed to sentencing while President Trump exercises his federal constitutional right to challenge these rulings."
What's Next
Trump's sentencing, originally scheduled for July 11, has been postponed three times—twice at the defense's request.
Following Trump's election victory on November 5, Merchan further delayed proceedings to allow both sides to assess the case's next steps. The president-elect is expected to appear virtually at his New York sentencing hearing on Friday.
This article includes reporting from The Associated Press.
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