Former President Donald Trump’s request to postpone the January 10 sentencing hearing in his hush-money trial was denied by a New York appeals court judge on Tuesday. However, Trump can still bring his request before the court’s full panel as he continues to appeal his conviction.
Trump’s legal team had filed a 502-page lawsuit with a New York appeals court seeking to delay the sentencing hearing, originally scheduled for this Friday, according to the New York Post. Hours later, Judge Ellen Gesmer, of New York’s midlevel appeals court, rejected the petition. This decision follows Judge Juan Merchan’s earlier denial of Trump’s request to delay the sentencing, which is set to occur just 10 days before Trump’s inauguration.
In the legal filing, Trump’s attorneys argued that the jury’s verdict in the case was “erroneous” because it involved evidence related to Trump’s official acts as president. They further claimed that Trump’s “undisputed absolute immunity” extends to his time as president-elect, according to ABC News.
Judge Gesmer raised questions about whether presidential immunity applies to a president-elect. In response, Trump’s lawyer, Todd Blanche, admitted there was no clear precedent supporting such immunity for presidents-elect, stating, “There has never been a case like this before.”
Steven Wu, representing the Manhattan District Attorney’s Office, countered, “There is a compelling public interest in seeing this process come to an end.” He added, “If sentencing is to happen at all, now is the best time for it to happen.”
Trump has proposed delaying the sentencing until January 27, a week after he would be sworn into office. By that time, the case is expected to be paused, as Trump would once again be a sitting president.
In their petition, Trump’s attorneys argued, “Justice Merchan is without authority under the law to proceed to sentencing while President Trump exercises his federal constitutional right to challenge these rulings.”
Judge Merchan has indicated he may issue a sentence of “unconditional discharge,” meaning Trump would not face any immediate punishment.
Last May, Trump was found guilty on all charges in the hush-money case. He faced 34 felony counts of falsifying business records to conceal payments allegedly made to adult film actress Stormy Daniels in exchange for her silence regarding an alleged extramarital affair. Trump has denied the charges and maintains that the trial was politically motivated.
