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By Barney Henderson
Content Director
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President-elect Donald Trump is urging a judge to delay sentencing in his high-profile hush money case, scheduled for this Friday, as his legal team prepares to appeal a ruling upholding his conviction.
In a motion filed Monday, Trump's lawyers asked New York State Judge Juan M. Merchan to halt proceedings while they seek to overturn his decision to move forward with sentencing. The defense argues that their pending appeal should trigger an automatic stay, which would pause the process. If the appeal doesn't suffice, they've requested the judge step in to delay sentencing.
Why It Matters
Trump's conviction on 34 felony counts stems from a $130,000 payment made to Daniels in 2016, allegedly to prevent her from disclosing claims of an affair with Trump. Prosecutors argued the payment was falsely recorded as legal fees to hide its true purpose of influencing the presidential election. Trump has denied the affair and wrongdoing, calling the case a politically motivated attack.
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The upcoming sentencing underscores the legal complexities of Trump's second term as president. Legal scholars note that a convicted president poses uncharted questions about governance and accountability, particularly as presidential immunity does not apply retroactively to crimes committed before assuming office.
What To Know
Merchan's ruling last week dealt a blow to Trump's efforts to dismiss the case, with the judge emphasizing the need for "finality" by proceeding with sentencing. The historic conviction has left Trump poised to become the first U.S. president to assume office with a criminal record.
While the case's legal gravity looms large, Merchan hinted that he does not intend to impose punishment on Trump. In his Jan. 3 decision, the judge stated that an "unconditional discharge"—effectively closing the case without jail time, fines, or probation—appears to be the "most viable solution."
Trump's legal team, however, continues to argue that his impending return to the White House necessitates a dismissal of the verdict, asserting presidential immunity.
What People Are Saying
Trump spokesperson Steven Cheung said: "Today, President Trump's legal team moved to stop the unlawful sentencing in the Manhattan D.A.'s Witch Hunt. The Supreme Court's historic decision on Immunity, the state constitution of New York, and other established legal precedent mandate that this meritless hoax be immediately dismissed."
Donald Trump, criticized Friday's verdict on his Truth Social platform, claiming that the case represents an "illegitimate political attack." He reiterated his intention to appeal and labeled the proceedings as "nothing but a rigged charade" perpetuated by Manhattan District Attorney Alvin Bragg.
Michael Cohen, who had made the payment to Daniels commented on the significance of the case, stating, "Justice isn't about jail time; it's about accountability. This decision reflects that principle".
What's Next
The Jan. 10 sentencing will take place just 10 days before Trump is sworn in as the 47th president of the United States. Trump is not required to attend in person and may appear virtually. Following the sentencing, his legal team will file formal appeals to challenge the conviction.
The outcome of the case will likely have far-reaching implications, setting a precedent for addressing legal issues involving future presidents.
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