New York’s top court declines to halt Trump sentencing – Washington Examiner
The New York Court of Appeals has denied President-elect Donald Trump’s request to postpone his sentencing related to a criminal case concerning hush money payments, which resulted in his conviction on 34 felony counts for falsifying business records. Trump had filed an urgent petition to the court just a day prior, seeking to halt proceedings while a similar appeal is still pending before the Supreme Court.The court’s decision came shortly after the request was made, marking a meaningful setback for Trump as he attempts to navigate the legal challenges surrounding his case.
New York’s top court declines to halt Trump sentencing
President-elect Donald Trump lost a bid on Thursday to delay his sentencing in his criminal case by the highest court in New York, while a similar appeal is still pending at the Supreme Court.
Less than 24 hours ago, Trump filed an urgent petition to the New York Court of Appeals, seeking to pause the hush money case that resulted in his conviction on 34 felony counts of falsifying business records. Simultaneously, he asked the Supreme Court to intervene and delay the sentencing.
The Empire State’s top court rejected Trump’s effort to delay the sentencing Thursday morning, roughly an hour after Manhattan District Attorney’s Alvin Bragg’s Office countered Trump’s request on Thursday, arguing his claim of “president-elect immunity” was baseless.
The request to delay the case was denied by Judge Jenny Rivera, according to a brief letter sent to Trump’s legal counsel.
Bragg’s team asked the state court to deny the delay, asserting that immunity protections apply only to a sitting president, not to an incoming one.
“The President-elect is, by definition, not yet the President,” prosecutors wrote. “The President-elect therefore does not perform any Article II functions under the Constitution, and there are no Article II functions that would be burdened by ordinary criminal process involving the President-elect.”
Trump is scheduled to be sentenced Friday, following his May conviction on charges tied to a $130,000 hush money payment to adult film actress Stormy Daniels during the 2016 presidential campaign, a scandal that has plagued him for years and now threatens to mark him as the first convicted felon to become president if his conviction is affirmed through the sentencing procedure.
Prosecutors argued the payment was made to suppress damaging allegations and boost his electoral chances.
In their Thursday filing, Manhattan prosecutors expressed confidence in their case, noting the jury saw “overwhelming” evidence of Trump’s guilt. They also criticized his repeated attempts to delay sentencing and his “contemptuous conduct” during court proceedings.
Despite facing up to four years in prison, Trump is likely to receive an unconditional discharge from New York Judge Juan Merchan. Such a sentence would impose no prison time, fines, or probation, leaving only a blemish on Trump’s record. Merchan indicated this approach aims to balance respect for Trump’s transition to the presidency with the principle of presidential immunity.
Prosecutors argued this low-level sentence makes further delays unnecessary. “Indeed, if defendant is ever to be sentenced in this proceeding, the least burdensome time to do so is now, before his inauguration on January 20, 2025,” they wrote.
The Supreme Court has not yet ruled on Trump’s parallel appeal, leaving the sentencing scheduled to proceed as planned.
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Bragg’s office is due to respond to Trump’s Supreme Court request by 10 a.m. EST, and a decision from the justices could then be forthcoming.
If Trump is sentenced before his inauguration, he can begin the process of appealing the jury’s verdict from May.
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