A New York appeals court judge on Tuesday, January 7, 2024, denied President-elect Donald Trump’s request to postpone his sentencing in a hush-money case scheduled for Friday.
Trump was convicted in May on 34 counts of falsifying business records related to a payment made to adult film actress Stormy Daniels to silence allegations of an affair before the 2016 election.
Associate Justice Ellen Gesmer dismissed Trump’s arguments for delaying sentencing while appealing the conviction, as well as his claim that immunity from prosecution for a sitting president should extend to a president-elect.
“After consideration of the papers submitted and the extensive oral argument, movant’s application for an interim stay is denied,” Gesmer stated.
Judge Juan Merchan, who presided over the case, has indicated that jail time is unlikely for the former and future president. Trump, 78, can attend the sentencing either in person or virtually. Legal experts believe Merchan is leaning towards an unconditional discharge, which would allow Trump to enter the White House without probation or other conditions, though as a convicted felon.
Despite the ruling, Trump’s lawyers may still appeal to higher courts, including the U.S. Supreme Court.
Trump lashed out at Judge Merchan on Tuesday, calling him a “crooked judge” during a press conference and criticizing a gag order in the case.
The charges stem from allegations that Trump falsified business records to conceal a $130,000 payment made to Daniels in the lead-up to the 2016 presidential election. Trump has repeatedly denied wrongdoing.
This legal battle comes just days after Trump was officially certified as the winner of the 2024 presidential election, marking his return to the presidency four years after losing to Joe Biden. However, the historic conviction makes Trump the first U.S. president to re-enter the White House as a convicted felon.
Trump’s attorneys have argued that a Supreme Court decision granting immunity to former presidents for acts committed in office should apply to a president-elect. Judge Merchan rejected this argument last week but acknowledged that Trump would regain immunity upon taking the oath of office on January 20.
While the sentencing outcome is highly anticipated, Merchan’s decision ensures Trump will not face prison time, allowing him to resume his duties as president despite his conviction.
