Donald Trump’s legal team sought to delay his sentencing in the “hush money” criminal case, but their request was denied late Monday by New York Judge Juan Merchan. The sentencing remains scheduled for this Friday, as ordered by the court.
Trump, the president-elect, plans to appeal Merchan’s January 3 ruling, which rejected a motion to dismiss his conviction on 34 felony charges of falsifying business records. Merchan had instructed Trump to attend the sentencing either in person or virtually.
In denying the request for delay, Judge Merchan described Trump’s arguments as largely repetitive and legally irrelevant. “For the most part, [the arguments] are a repetition of the arguments he has raised numerous times in the past,” Merchan wrote, adding that they are “factually distinguishable from the actual record or legally inapplicable.”
Trump’s attorneys claimed that his planned appeal should automatically pause sentencing proceedings. They also filed a request for an appellate court to review their arguments on Tuesday morning and signaled their intention to initiate a separate lawsuit to block the sentencing.
Steven Cheung, Trump’s spokesperson, reiterated the former president’s belief that his prosecution is politically motivated. “An immediate end to the political weaponization of our justice system and all remaining Witch Hunts is necessary for Trump’s return to the White House,” Cheung said in a statement to CBS News. He also argued that the prosecution should be dismissed based on legal precedents, including a Supreme Court decision regarding presidential immunity.
Trump became the first former U.S. president to be convicted of crimes when a unanimous jury delivered its verdict in May. Sentencing has been delayed multiple times, with dates initially set for July 11, September 18, and November 26. Each postponement was granted following motions by Trump’s legal team, including claims that criminal proceedings against a president-elect are unconstitutional.
In response to the latest delay request, prosecutors from Manhattan District Attorney Alvin Bragg’s office opposed any further postponements. They noted that the trial concluded over seven months ago and that all post-trial motions had been resolved.
“As to the only remaining proceeding—the January 10 sentencing—the Court has already stated its intent to impose the lowest possible sentence authorized by law: an unconditional discharge,” the prosecutors wrote.
Judge Merchan’s January 3 ruling emphasized that presidential immunity does not extend to a president-elect. “The transition period between election and taking the presidential oath is one filled with enormous responsibility,” Merchan wrote. “Yet, even [Trump] in his motion refers to presidential immunity as one relating specifically to a sitting president no fewer than 33 times.”
Merchan also clarified that Trump will face no incarceration or restrictions on his freedom following sentencing, ensuring the proceedings align with the law.