WASHINGTON — President-elect Donald Trump is seeking intervention from the Supreme Court to delay the sentencing date in his New York hush money case, which is currently set for Friday.
After New York courts declined to postpone the sentencing overseen by Judge Juan M. Merchan—who managed Trump’s trial and subsequent conviction on 34 felony counts related to falsifying business records—Trump’s legal team escalated the matter to the nation’s highest court on Wednesday. Trump maintains his innocence regarding the charges.
Prosecutors are expected to respond by Thursday morning.
Trump’s legal representatives are requesting an immediate stay of the sentencing, arguing that proceeding with it would unfairly constrain him as he prepares to assume the presidency. They emphasized that while Judge Merchan has suggested he will not impose jail time, fines, or probation, the impacts of a felony conviction would still be profoundly damaging to Trump.
They believe that delaying the sentencing is crucial as he pursues an appeal against his conviction to “prevent grave injustice and harm to the institution of the Presidency and the operations of the federal government,” as their motion stated.
The emergency request comes from lawyers John Sauer, who has been designated as Trump’s solicitor general, and Todd Blanche, who is poised to take a high-ranking position at the Justice Department.
In their filing, they referenced a previous Supreme Court ruling that grants Trump and other presidents significant immunity from any criminal actions taken in the course of their official duties. They contend that this notion supports their case for overturning Trump’s conviction in New York.
The document asserted that the New York trial court “lacks authority to impose a sentence and judgment on President Trump— or to initiate any further criminal proceedings against him— until his appeal, which raises meaningful claims of Presidential immunity, is resolved, including a possible review in this Court.”
Steven Cheung, a spokesman for the Republican president-elect, stated that the case is driven by political motives and should be dismissed.
Moreover, Trump’s legal team has also filed an emergency request with New York’s highest court to suspend all proceedings, urging swift action to mitigate any disruption to the presidential transition.
This filing mirrored their Supreme Court arguments, asserting that both Judge Merchan and the state’s appellate court “erroneously failed” to halt the sentencing process. They argued that the Constitution necessitates an automatic pause as they appeal the judge’s decision to uphold the verdict.
Meanwhile, the Manhattan District Attorney’s office indicated it will provide a written response in court. The emergency motion has been assigned to Justice Sonia Sotomayor, who handles appeals from New York.
The convictions stemmed from allegations related to a $130,000 hush money payment made to adult film actress Stormy Daniels prior to the 2016 presidential race. Daniels alleges that she had a sexual encounter with Trump in 2006, which he has vehemently denied.
Trump’s legal team claims that evidence related to his hush money trial, which includes testimonies from former aides and social media posts, should have been protected under the premise of presidential immunity, stemming from a separate election interference case against him. Judge Merchan has countered this view, ruling that such aspects fall into the realm of personal business. The Supreme Court’s previous immunity ruling primarily addressed actions taken by presidents in their official capacity.