President-elect Donald Trump has asked a New York judge to halt sentencing in his money-laundering case, which scheduled for January 10.
His lawyers announced Monday that Trump will appeal Judge Juan Merchan’s decision to order the sentencing to continue.
In court filings, Trump’s lawyers wrote that they will seek “dismissal of this politically motivated prosecution that was flawed from the beginning.”
In May 2024, Trump was found guilty of 34 counts of falsifying business records, becoming the first former president to be convicted of a crime.
The allegations stemmed from Trump’s attempt to cover up secret cash payments to adult movie stars as legal fees.
Trump has pleaded not guilty and denied any wrongdoing. His lawyers said the filing of the appeal should stop the criminal proceedings in his case in New York.
The ruling has been repeatedly delayed due to the 2024 presidential election and Trump’s attempt to dismiss the case based on a claim of presidential immunity. Judge Merchan ultimately rejected the immunity argument in December.
On Jan. 3, Judge Merchan issued an order saying he would proceed with sentencing before Trump takes office, but wrote that he would not consider prison time.
He ordered Trump to appear virtually or in person at the hearing.
“The American people elected President Trump with an overwhelming mandate that demands an immediate end to the political weaponization of our justice system and all remaining witch hunts,” said Steven Cheung, a spokesman for Trump’s presidential transition.
Trump’s team has not publicly commented on whether the president-elect will appear in court, but in its response Monday afternoon to a request for a postponement, the Manhattan district attorney’s office referred to “the defendant’s decision to appear at the sentencing virtually instead of in person.” The reference to the virtual hearing was repeated a few pages later.
In response, the district attorney asked the judge to deny Trump’s request for an immediate stay of sentencing and argued that such a decision would not harm him.
The weeks since the election have been marked by a flurry of legal filings by Manhattan District Attorney Alvin Bragg, who prosecuted the case, and Trump’s legal team.
Bragg’s office has previously indicated that it would not oppose a delay in sentencing Trump until his term ends, four years from now.
But after Judge Merchan decided to proceed with sentencing, Bragg asked the judge to proceed with Friday’s sentencing.
In his order last week, Judge Merchan wrote that “this court is firmly convinced that only by bringing finality to this matter” will the legal conundrums at play be resolved.
However, the judge left the door open for Trump to appeal the ruling, writing that he “must be allowed to pursue every available appeal.”
