9th January 2025 – (New York) The New York Court of Appeals, the state’s highest judicial authority, has rejected President-elect Donald Trump’s last-minute request to postpone his sentencing scheduled for Friday in a criminal hush money case.
On Wednesday, Trump filed an eleventh-hour appeal to the court, coinciding with his request to the U.S. Supreme Court to halt the sentencing process. Prosecutors from the Manhattan District Attorney’s office contended in a Thursday morning submission that Trump’s rationale for delaying the sentencing is based on an “utterly baseless” claim of immunity for a president-elect.
In their response to Trump’s argument, legal representatives for Manhattan District Attorney Alvin Bragg urged the court to dismiss the request, stating that a president-elect does not enjoy the same protections as a sitting president. “The President-elect is, by definition, not yet the President,” the filing asserted. “The President-elect therefore does not perform any Article II functions under the Constitution, and there are no Article II functions that would be burdened by ordinary criminal process involving the President-elect.”
Trump is set to be sentenced after being found guilty in May on 34 felony counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels, intended to enhance his electoral prospects in the 2016 presidential election.
In their Thursday filing, prosecutors expressed confidence in their case, stating that the jury had seen “overwhelming” evidence of Trump’s guilt, and condemned his dismissive behaviour in court. They noted, “And notwithstanding defendant’s past and upcoming service as President, his history, character, and condition—and especially his open disregard for the justice system—do not support dismissal.”
Prosecutors also criticised Trump for delaying the sentencing process, which has been rescheduled to 10th January, and for overstating the potential impact of proceeding with the sentencing.
While Trump faces a maximum of four years in prison, New York Judge Juan Merchan has indicated plans to impose an unconditional discharge, which would leave Trump with a blemish on his record but no jail time, fines, or probation. This approach is intended to honour Trump’s transition efforts and the notion of presidential immunity.
Prosecutors pointed out that Judge Merchan intends to impose the lowest allowable sentence, arguing that “if defendant is ever to be sentenced in this proceeding, the least burdensome time to do so is now, before his inauguration on January 20, 2025.”
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