NEW YORK– President-elect Donald Trump on Monday asked New York’s criminal prosecution judge to halt a sentencing hearing scheduled for Friday.
Judge Juan Merchan, in a surprise ruling last week, ordered Trump to appear for sentencing either in person or virtually on Jan. 10, following his conviction in May on 34 counts of tampering with commercial files.
Trump’s lawyers argued that Merchan “will not have the authority to proceed with sentencing” because Trump is still appealing Merchan’s earlier ruling that the Supreme Court’s presidential immunity ruling does not apply to the New York money secrecy case.
“Forcing a president to continue to fight a criminal case – potentially through trial or, even more dramatically here, through sentencing and judgment – while the appeals courts are still grappling with his request for immunity would, in effect, force this president to answer for his conduct in court” before his request for immunity is ultimately adjudicated,” defense attorneys Todd Blanche and Emil Bove wrote.
Merchan said he would sentence Trump to an unconditional discharge, effectively a stain on Trump’s record, saying it struck a balance between the president’s duties and the sanctity of the jury’s verdict.
Trump’s lawyers said it didn’t matter.
“There is no question that the Court suggested an intention to impose a sentence of absolute discharge. Although it is indisputable that the trumped-up charges in this baseless case should never have been brought and could not at this point warrant a longer sentence than that, no sentence is appropriate based on numerous legal errors, including legal errors directly related to presidential immunity that President Trump will address in the coming years. calls,” the defense said.
The Manhattan District Attorney’s Office declined to comment.
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