Donald Trump’s bid to halt sentencing for his felony conviction in his hush-money case in New York hit a setback Tuesday when a state appeals court denied his request.
The president-elect is scheduled to be sentenced on Friday, barring a last-minute appeal in federal court, or even the Supreme Court. On Tuesday, Judge Ellen Gesmer listened to arguments in a brief court hearing before ruling against the president-elect 30 minutes later.
During the hearing, she asked Trump’s lawyer Todd Blanche if he had “any support for a notion that presidential immunity extends to president-elects.”
“There has never been a case like this before,” Blanche replied, admitting that he did not have an answer. He tried to claim that sitting presidents had immunity, only for Gesmer to remind him that Trump was not yet president.
If Trump’s sentencing for his 34 felony convictions ultimately goes through, however, he will likely be spared jail time, the judge presiding over his case, Juan Merchan, signaled last week. Trump was accused of using his former fixer Michael Cohen to sweep an affair with porn star Stormy Daniels under the rug ahead of the 2016 presidential election.
But after the Supreme Court ruled in July that presidents have near-total immunity, the prospect of Trump facing any real consequences for his conviction basically evaporated. Trump’s election in November also didn’t help matters, and his other criminal cases never made it to trial before the Supreme Court and the election rendered them moot. Now, with less than two weeks left until Trump is sworn in as president, he might not even get a slap on the wrist.
