AP Photo/Rick Scuteri, File
President-elect Donald Trump failed on Monday to win an immediate halting of Friday's sentencing date for his Manhattan hush-money conviction.
In turning down what would have been Trump's fourth delay of his sentencing date, the trial judge, New York Supreme Court Justice Juan Merchan, said most of the president-elect's arguments were a repetition of those he's raised "numerous times in the past."
Trump's defense lawyers still have the rest of the week to fight the sentencing date —and the conviction itself — while pursuing a state-level appellate petition. The petition was also filed Monday and challenges what Trump's lawyers call "this politically-motivated prosecution."
Merchan's decision shifts the focus of Trump's sentencing-delay efforts to the appellate division, which can decide to hear his challenge — either before or after Friday — or simply send the case back to Merchan for sentencing as scheduled.
The filing asks the state Appellate Division, First Judicial Department, for the chance to be heard on January 27, when they would argue against Merchan's two recent refusals to dismiss the case.
On December 16, Merchan rejected Trump's request to toss the case presidential-immunity grounds. Late last week, the judge rejected Trump's request to toss the case in the interest of justice. The president-elect's Appellate Division efforts will focus on those two Merchan decisions.
"The Supreme Court's historic decision on immunity, the state constitution of New York, and other established legal precedents mandate that this meritless hoax be immediately dismissed," Trump said through spokesman Steven Cheung.
Merchan's refusal to move the sentencing date on Monday was the latest loss in Trump's two-year battle to free himself from his sole criminal conviction.
Repeatedly since before his 2023 indictment, Trump's lawyers have asked state and federal judges to dismiss his hush-money prosecution, citing grounds of presidential immunity, prosecutorial and judicial bias, and — most recently — the interest of justice given his November election win.
Trump continues to fight to clear his rap sheet now despite Merchan revealing last week that Friday's sentencing will likely result in zero punishment.
State sentencing guidelines allow Merchan to sentence Trump to anywhere from no jail up to four years in prison on 34 felony counts of falsifying business records.
But Merchan said last week that he is inclined to hand down a sentence of no punishment at all — no jail, no probation, no fines, no community service, instead granting what's called an unconditional discharge — in recognition of the demands of the presidential transition and his pending second term in office.
Manhattan District Attorney Alvin Bragg did not oppose a no-jail sentence. In writing Merchan on Monday to oppose a fourth sentencing delay, Bragg revealed that Trump has elected to appear virtually if Friday's sentencing happens.
A spokesperson for Bragg did not immediately respond to a request for comment.
A jury in May found that throughout his first year in office, Trump ordered that 34 Trump Organization records be altered to retroactively hide a $130,000 hush-money payment that silenced porn actress Stormy Daniels 11 days before the 2016 election.
In a letter to Merchan on Monday, Bragg urged the judge to proceed with Friday's sentencing, "given the strong public interest in prompt prosecution and the finality of criminal proceedings."
Besides, it's Trump's own fault that his sentencing will happen just 10 days before his inauguration, Bragg said.
"He should not now be heard to complain of harm from delays he caused," the DA said.
Merchan has granted Trump three sentencing delays in the months since his May 30 conviction.
The first delay allowed the parties time to respond to the US Supreme Court's July 1 opinion granting presidents broad immunity from prosecution. Sentencing was pushed back a second time after Trump complained the new date was too close to the November election, and it was moved a third time to let the parties respond to Trump's win.
