On Friday, attorneys for Donald Trump are requesting an emergency injunction from a judge in the New York appeals court to prevent the president-elect from being sentenced on criminal charges related to the hush money case.
The lawyers petitioned the state Appellate Division, a mid-level appeals court, for an emergency stay. Tuesday at 12:30 p.m. ET is the day of the request hearing.
According to the petition, in order to “avoid ongoing violations of President Trump’s constitutional rights and a threatened disruption of the Presidential transition, a process that directly concerns the United States of America’s national security and vital interests,” the appeals court must immediately grant a stay of any further criminal proceedings in the trial court.
They argue that Trump’s conviction in May of last year should be overturned on further presidential immunity grounds, and that he is already immune from punishment due to presidential immunity.
Following the U.S. Supreme Court’s decision that month that established a new bar for presidential immunity, Judge Juan Merchan postponed Trump’s scheduled sentence.
Then, in a decision this month, Merchan discovered that Trump is not immune until he takes the oath of office. In a separate ruling last week, the court stated that he intends to grant Trump an unconditional discharge and ordered his sentencing on 34 felony counts of fabricating company documents to occur on Friday morning. In other words, he would not face any consequences, yet the conviction would remain valid.
On Monday, Merchan denied Trump’s plea for a delay.
In a court filing on Monday, prosecutors from the office of Manhattan District Attorney Alvin Bragg stated that there is no justification for further postponing the sentencing.
The DA’s office further argued that the timing of Trump’s sentencing is the least onerous.
He is not now performing any formal presidential duties that would be interfered with by the sentencing, and as president-elect, he “has no viable claim of presidential immunity from ordinary criminal process,” they wrote.
In May, Trump was found guilty of fabricating documents pertaining to hush money that adult film star Stormy Daniels received from his then-attorney Michael Cohen during the final days of the 2016 presidential campaign. Trump has refuted Daniels’ testimony that she had a sexual encounter with him in 2006.
Note: Every piece of content is rigorously reviewed by our team of experienced writers and editors to ensure its accuracy. Our writers use credible sources and adhere to strict fact-checking protocols to verify all claims and data before publication. If an error is identified, we promptly correct it and strive for transparency in all updates, feel free to reach out to us via email. We appreciate your trust and support!