NEW YORK, USA – A New York appeals court judge on Tuesday, January 7, 2025, rejected President-elect Donald Trump’s request for an emergency order to halt his scheduled sentencing on Friday in the hush money case.
Justice Ellen Gesmer of the state Appellate Division ruled against Trump’s emergency stay request following a brief hearing.
Trump’s legal team had argued that as president-elect, he should be shielded by presidential immunity and exempt from legal proceedings.
“There has never been a case like this,” said Todd Blanche, Trump’s attorney, during the hearing.
Blanche asserted that Trump’s presidential immunity precludes him from undergoing any legal process.
However, Steven Wu, representing the Manhattan District Attorney’s Office, countered that Trump’s claims lacked merit.
“This is a claim that the president-elect is entitled to immunity, and there is no support for that,” Wu argued.
He noted that the proceedings would be virtual, brief, and unlikely to disrupt the presidential transition.
In her ruling, Gesmer wrote, “After consideration of the papers submitted and the extensive oral argument, movant’s application for an interim stay is denied.”
Immunity Argument Rejected
Trump’s legal team contended that the appeals court needed to halt the sentencing to prevent what they claimed were violations of his constitutional rights and disruptions to the presidential transition.
They also argued that Trump’s conviction on 34 felony counts of falsifying business records should be overturned on grounds of presidential immunity.
Judge Juan Merchan, who is presiding over the case, had previously ruled that Trump does not have immunity until he is sworn in as president.
In a separate order last week, Merchan scheduled the sentencing for Friday morning and indicated he would issue an unconditional discharge.
This means Trump’s conviction would stand, but he would face no punishment.
Prosecution Pushes for Sentencing
The Manhattan District Attorney’s Office, led by Alvin Bragg, has maintained there is no legal or procedural basis to delay the sentencing.
Prosecutors argued that as president-elect, Trump is not yet performing official duties that the proceedings would disrupt.
“This is the least burdensome time for sentencing,” the DA’s office wrote in a filing, adding that Trump “has no viable claim of presidential immunity from ordinary criminal process.”
The Hush Money Case
Trump was convicted in May of falsifying business records in connection with a $130,000 payment made by his then-attorney, Michael Cohen, to adult film star Stormy Daniels during the 2016 presidential election.
The payment was intended to silence Daniels’ claims of a sexual encounter with Trump in 2006, which Trump has consistently denied.
While Trump awaits sentencing, the broader implications of the case continue to reverberate, especially as it unfolds during the presidential transition.
For now, Trump’s legal efforts to delay the process have been thwarted, setting the stage for Friday’s sentencing.
