President-elect Donald Trump on Monday requested that a New York judge postpone his sentencing, scheduled for Friday, in the hush money case that made him the first former US president ever convicted of a crime. Trump’s legal team cited his imminent return to the White House as grounds for delay.
Last week, Judge Juan Merchan ruled that the sentencing would proceed despite Trump’s recent election victory. Trump’s lawyers filed an appeal, asserting that his presidential immunity should halt all legal proceedings. They argued that a stay on sentencing was mandatory under constitutional law, or at least warranted under the judge’s discretion.
The filing emerged as Congress prepared to certify Trump’s 2024 election win, a stark contrast to the chaos of January 6, 2021, when his supporters stormed the Capitol to overturn his defeat to Joe Biden. Trump’s team requested Judge Merchan notify all parties by Monday afternoon if sentencing would be postponed, with plans to file two appeals in state court.
Trump, convicted in May on 34 counts of falsifying business records to conceal a hush money payment to adult film actress Stormy Daniels, faces sentencing just 10 days before his January 20 inauguration. The payment, made during the 2016 campaign, was intended to prevent Daniels from publicising an alleged affair.
While Merchan rejected Trump’s earlier claims of presidential immunity, he acknowledged that Trump would gain immunity once sworn in. The judge has hinted at an unconditional discharge, allowing Trump to avoid jail or any restrictive conditions but leaving him to take office as a convicted felon.
Legal experts had long doubted Trump would face incarceration, even before his re-election. The 78-year-old had faced up to four years in prison but appears likely to avoid such a fate as he prepares to reclaim the presidency.