A New York appeals court has rejected Donald Trump’s last-minute attempt to postpone his sentencing in the felony hush money case, ensuring the proceedings will move forward as scheduled. This decision means the former president and president-elect is still set to be sentenced on Friday in relation to his conviction on 34 felony counts of falsifying business records.
Trump’s legal team had urgently appealed to the higher court to overrule the lower court judge, who had mandated Trump’s presence for sentencing on January 10. However, the appeals court swiftly dismissed this request after an emergency hearing on Tuesday, upholding the original sentencing date.
Judge Juan Merchan had previously stated that the sentencing would proceed, dismissing Trump’s arguments against it as repetitive of claims already made and rejected. In court documents, Trump’s lawyers reiterated their stance that the case was a “politically motivated prosecution” and fundamentally flawed.
In May, Trump was found guilty of 34 felony counts related to falsifying business records, marking a historic moment as he became the first former president and president-elect to be convicted of a criminal offense. Judge Merchan, in his Monday decision, firmly denied Trump’s motion to halt proceedings, including the scheduled sentencing hearing.
The charges stem from reimbursements disguised as legal expenses, which were actually intended to cover a $130,000 hush money payment to an adult film star. Trump has consistently pleaded not guilty, denying any wrongdoing, and his legal team argued that the filing of an appeal should automatically pause the criminal proceedings in New York.
The sentencing timeline has been significantly impacted by the 2024 presidential election and Trump’s legal challenges, including a rejected claim of presidential immunity. Despite these delays, Judge Merchan ruled in December against the immunity argument and on January 3 issued an order to proceed with sentencing before Trump assumes office on January 20. Judge Merchan has indicated he is considering a sentence of an “unconditional discharge,” which would mean no prison time, fines, or probation, but has ordered Trump to appear for the hearing either virtually or in person.
Steven Cheung, a spokesperson for Trump’s presidential transition, repeated the assertion that the prosecution was politically motivated and unlawful. He stated, “The American People elected President Trump with an overwhelming mandate that demands an immediate end to the political weaponisation of our justice system and all of the remaining Witch Hunts.” It remains unclear whether Trump will attend the sentencing in person.
The Manhattan district attorney’s office, in its response to the stay request, noted “the defendant’s decision to appear for sentencing virtually instead of in person,” suggesting that Trump may opt for a virtual appearance. The district attorney urged the court to reject Trump’s request for a stay, arguing that it would not prejudice him.
Following the election, there was a surge of legal activity from both District Attorney Alvin Bragg’s office and Trump’s legal team. While Bragg’s office had previously signaled a willingness to delay sentencing until after a potential Trump presidential term, they later requested to proceed with sentencing this Friday after Judge Merchan decided to move forward. Judge Merchan has acknowledged Trump’s right to pursue further legal challenges, stating he “must be permitted to avail himself of every available appeal,” indicating this legal saga is far from over.
