NEW YORK, NEW YORK - APRIL 04: Former U.S. President Donald Trump sits at the defense table with his defense team in a Manhattan court during his arraignment on April 4, 2023, in New York City. Trump was arraigned during his first court appearance today following an indictment by a grand jury that heard evidence about money paid to adult film star Stormy Daniels before the 2016 presidential election. With the indictment, Trump becomes the first former U.S. president in history to be charged with a criminal offense. (Photo by Seth Wenig-Pool/Getty Images)
Judge Juan Merchan denied President-elect Donald Trump’s request to halt proceedings in his hush-money case, ordering the sentencing to proceed on Friday.
Any delay in the sentencing process means lost time for the court as the start of Trump’s second term closes in on Jan. 20. Once Trump is president, he will not have to face legal processes during the duration of his term. Trump’s sentencing is scheduled for the morning of Jan. 10, only 10 days before his inauguration as the 47th president of the United States.
Trump’s legal team filed the motion to delay the case. In response, the Manhattan District Attorney’s Office called on the court to deny the request. Judge Merchan has already established that he would sentence the President-elect to an unconditional discharge, tainting his record without imposing punishment.
Trump’s lawyers are also challenging Merchan’s refusal to dismiss the case on grounds of presidential immunity. There have been no further updates on the appeal paperwork filed to the appellate trial court on Monday. Defense attorneys Todd Blanche and Emil Bove argued that Judge Merchan would lack authority due to this ongoing appeal.
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In waiting for the appeals to be processed, Trump’s lawyers insist the sentencing must be put on hold.
“Forcing a President to continue to defend a criminal case – potentially through trial or, even more dramatically here, through sentencing and judgment – while the appellate courts are still grappling with his claim of immunity would, in fact, force that President ‘to answer for his conduct in court’ before his claim of immunity is finally adjudicated,” Blanche and Bove wrote.
“This Court has considered Defendant’s arguments in support of his motion and finds that they are, for the most part, a repetition of the arguments he has raised numerous times in the past,” Merchan wrote in response to Trump’s request.
On Monday, Merchan wrote his decision to deny the motion, and the proceeding will remain scheduled for Jan. 10.
Trump’s legal team moved on Tuesday morning to file a lawsuit of over 500 pages against Judge Merchan and District Attorney Alvin Bragg. The lawyers said the jury’s previous verdict, finding Trump guilty on 34 felony counts, was erroneous. They argued that the jury had seen evidence relating the case to official acts Trump took while in office.
Merchan ruled that Trump’s conviction poses no danger of intrusion on the authority and function of the Executive Branch. Merchan noted that the concealed payoff is related to unofficial conduct and, therefore, is not immune to prosecution.
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