In a legal filing, Trump’s lawyers stated, “The Court should vacate the sentencing hearing scheduled for January 10, 2025, and suspend all further deadlines in the case until President Trump’s immunity appeals are fully and finally resolved, which should result in a dismissal of this case, which should have never been brought in the first place.”

The filing also urged Judge Juan Merchan to notify the parties by Monday at 2 p.m. whether the sentencing would proceed as scheduled to allow time for Trump to seek emergency appellate review if necessary.

Trump is appealing Merchan’s previous rulings that rejected his attempts to dismiss the case on the basis of presidential immunity and his status as incoming president. Last Friday, the judge decided to set Jan. 10 as the sentencing date, emphasizing that Trump would not face jail time.

Trump was found guilty in May by a 12-member jury on 34 counts of falsifying business records related to a $130,000 payment to porn star Stormy Daniels, allegedly to silence her about an affair before the 2016 election. Trump has consistently denied the affair.

The development has drawn attention for its timing, as the sentencing date falls just 10 days before Trump’s second inauguration. His efforts to appeal also come on the same day Congress is set to certify the 2024 presidential election results, four years after a chaotic riot in January 2021, during which hundreds of his supporters stormed the U.S. Capitol in response to President Joe Biden’s victory.

Central to Trump’s appeal is his argument that, as president-elect, he should be granted immunity from prosecution in this case. His counsel contends that Merchan’s earlier dismissal of Trump’s immunity claims was erroneous and expects higher courts to vindicate him.

Trump’s lawyers also maintain that allowing the sentencing to proceed while the immunity appeal is unresolved undermines his presidential duties and the legal protections afforded to him.

“That is because ‘the interests that underlie Presidential immunity seek to protect not the President himself, but the institution of the Presidency,’” his lawyers wrote.

The hush money case is one of four criminal cases against Trump that made it to trial before his return to the White House.

While Merchan has clarified that the sentencing will not result in jail time, Trump’s team has framed the proceedings as part of a broader effort to undermine his presidency.