President-elect Donald Trump responded by filing an order against Manhattan Judge Juan Merchan just days after the judge signaled his intention to proceed with a sentencing hearing despite essentially eliminating the likelihood of jail time.
Legal observers have closely watched Merchan’s handling of Trump’s hush money case, as he has delayed a sentencing hearing for months following Trump’s conviction in May on 34 felony counts of falsifying business records. Shortly after the election, Merchan briefly entertained the possibility of dismissing Trump’s conviction, citing the defense’s argument that last year’s Supreme Court ruling grants Trump immunity from prosecution.
However, he later reversed course, deciding that the president-elect must face some form of punishment—even if it is delayed until after his next term in office. A sentencing hearing scheduled for this Friday is now at risk of being postponed, as Trump’s legal team on Wednesday petitioned the U.S. Supreme Court to intervene. The team argues that the hearing should be delayed or terminated altogether to ensure Trump can serve as president without the looming shadow of legal consequences. “This Court should enter an immediate stay of further proceedings in the New York trial court to prevent grave injustice and harm to the institution of the Presidency and the operations of the federal government,” Trump’s lawyers wrote in the new filing.
The filing gives District Attorney Alvin Bragg’s office just over 24 hours to submit its anticipated objection if the Supreme Court justices are to issue a ruling before Friday. A spokesperson for Trump reiterated his lawyers’ claims that he is immune from charges and, therefore, should not face any punishment. “The Supreme Court’s historic decision on Immunity, the Constitution, and established legal precedent mandate that this meritless hoax be immediately dismissed,” Trump spokesman Steven Cheung said in a statement to NBC.
Trump’s legal team argued that because the reimbursement to Cohen was finalized after Trump took office in 2017, the payment constituted an “official” act and was therefore protected under the Supreme Court’s 2024 ruling exempting current or former presidents from criminal charges for official duties. However, actions taken in a personal capacity remain subject to prosecution.
On Tuesday, a New York appeals court declined to delay the proceedings, leaving President-elect Donald Trump poised to face sentencing just days before his inauguration. Possible outcomes include community service, a fine, or another punishment short of jail time. Trump remains the only current or former president to be convicted on felony charges, following a Manhattan jury’s decision last year. The jury found him guilty of coordinating with Michael Cohen to falsify business records related to a $130,000 payment made to adult film star Stormy Daniels.
Merchan has faced scrutiny for his handling of the case. In September, former Rep. Elise Stefanik (R-NY), whom Trump has nominated to serve as U.N. ambassador, filed a complaint with the New York State Commission on Judicial Conduct. Stefanik alleged that Merchan’s impartiality is compromised due to his adult daughter’s work as a Democratic political operative for prominent party leaders, including former House Speaker Nancy Pelosi (D-CA).
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