President-elect Donald Trump’s legal team is pressing for a delay in his January 10 sentencing in a New York criminal case, arguing that his upcoming inauguration and claims of presidential immunity should put the proceedings on hold.
Judge Juan Merchan, who last week ruled the sentencing could move forward despite Trump’s election victory, is facing mounting pressure from Trump’s attorneys to reconsider. They argue the judge’s refusal to pause the case conflicts with constitutional protections granted to presidents.
Appeal for Immunity
In a filing made public Monday, Trump’s legal team stated, “By virtue of President Trump’s filing of appellate proceedings raising his claims of Presidential immunity, all proceedings in this Court are automatically stayed by operation of federal constitutional law.” The attorneys urged Merchan to cancel Friday’s sentencing, emphasizing the need to resolve Trump’s immunity appeals before any further action is taken. They warned that proceeding with the sentencing could undermine protections historically afforded to the presidency.
“Given that Presidential immunity entails immunity from the burdens of criminal litigation such as trial and sentencing, forcing the President to defend a criminal case... would ‘eviscerate’ immunity by ‘depriving immunity of its intended effect,’” they wrote.
The legal team has also requested a response from Merchan by 2 p.m. Monday, saying they plan to file appeals in state court.
Prosecutors Push Back
Manhattan District Attorney Alvin Bragg’s office signaled its intent to file a response to the defense’s new filing later Monday. Bragg’s team has consistently argued that Trump’s election win does not exempt him from accountability in the New York case, which stems from his 2022 conviction on 34 counts of falsifying business records.
The case relates to a hush money payment made to adult film actress Stormy Daniels in 2016, designed to keep her from publicizing an alleged affair with Trump during his first presidential campaign. Trump has denied the affair and characterized the prosecution as politically motivated.
Legal Precedents and Political Tensions
Trump’s attorneys have cited the Supreme Court’s landmark rulings on presidential immunity and constitutional protections for presidents as a foundation for their appeal. They argue these protections extend to the period between Trump’s election and inauguration, labeling the ongoing case a “meritless hoax” that should never have been brought.
Steven Cheung, Trump’s spokesperson and incoming White House communications director, reiterated these points in a statement. “The Supreme Court’s historic decision on Immunity, the state constitution of New York, and other established legal precedent mandate that this meritless hoax be immediately dismissed,” Cheung said.
Judge Merchan Stands Firm
Judge Merchan has already rejected two of Trump’s motions to dismiss the case. He has maintained that the proceedings can move forward, citing the need for finality and rejecting Trump’s claim that the trial and conviction violated his rights as president-elect.
In scheduling Friday’s sentencing, Merchan dismissed Trump’s proposal to delay the hearing until after his upcoming White House term, calling it “less desirable.”
A Complicated Legal Landscape
This case is the first of Trump’s criminal prosecutions to reach trial. While two federal cases against him were withdrawn following his election victory, charges in Georgia related to alleged election interference remain in limbo after Fulton County District Attorney Fani Willis was disqualified from the case.
The impending sentencing adds to the legal and political drama surrounding Trump’s return to the presidency. With his legal team actively appealing the conviction, the next steps in this case could set significant precedents for presidential immunity and accountability.
What’s Next?
