U.S. President-elect Donald Trump’s latest bid to delay his sentencing in a hush money case was rejected by a New York appeals court judge on Tuesday. Judge Ellen Gesmer denied Trump’s request for an immediate stay of sentencing while he appeals Judge Juan M. Merchan’s decision to uphold the conviction.
This marked Trump’s second failed attempt to secure a postponement in as many days, according to the Associated Press. Previously, he had sought an indefinite delay after Judge Merchan denied his initial request. Despite these efforts, Trump’s sentencing remains set for Friday, though his legal team may pursue further appeals.
At an emergency hearing, Trump’s lawyer, Todd Blanche, argued that Trump, as president-elect, should have the same immunity from criminal proceedings as a sitting president. Judge Merchan rejected this claim last week, ruling that presidential immunity does not apply to a president-elect.
Steven Wu, representing the Manhattan District Attorney’s office, argued that extending immunity to a president-elect would undermine the principle of having only one sitting president at a time. Trump did not attend the hearing, and the court indicated it might allow him to participate in the sentencing via video link to accommodate the presidential transition.
Trump’s legal team has continued to press for the case to be dismissed entirely and hinted at taking the matter to the U.S. Supreme Court. Judge Merchan, however, emphasized the importance of finality in the case, rejecting Trump’s dismissal requests and proceeding toward sentencing.
Blanche reiterated in his Tuesday filing that Merchan’s interpretation of presidential immunity was flawed, asserting that such immunity should apply to a president-elect during the sensitive transition period. He argued that conducting a criminal sentencing at this time could disrupt the transition and undermine Trump’s authority as the incoming president.
The sentencing follows Trump’s conviction on 34 felony counts of falsifying business records related to a scheme to conceal hush money payments to adult film actress Stormy Daniels during the 2016 presidential campaign. Trump has denied the allegations, maintaining that he did nothing wrong.
Trump faces potential penalties ranging from a fine or probation to a prison sentence of up to four years. Originally scheduled for July 11, the sentencing has already been delayed three times at the defense’s request, with the most recent delay granted after Trump’s November 5 election victory to allow further arguments on the case’s status.