WASHINGTON (AP) — President-elect Donald Trump is asking the Supreme Court docket to name off Friday’s sentencing in his hush cash case in New York.
Trump’s attorneys turned to the nation’s highest courtroom on Wednesday after New York courts refused to postpone the sentencing by Decide Juan M. Merchan, who presided over Trump’s trial and conviction final Might on 34 felony counts of falsifying enterprise data. Trump has denied wrongdoing.
Prosecutors had been anticipated to file a response by Thursday morning.
Trump’s staff sought a direct keep of the scheduled sentencing, saying it might wrongly limit him as he prepares to take workplace. Whereas Merchan has indicated he is not going to impose jail time, fines or probation, Trump’s attorneys argued a felony conviction would nonetheless have insupportable unwanted effects.
The sentencing needs to be delayed as he appeals the conviction to “prevent grave injustice and harm to the institution of the Presidency and the operations of the federal government,” they argued.
The emergency movement is from attorneys John Sauer, Trump’s choose for solicitor normal, who represents the federal government earlier than the excessive courtroom, and Todd Blanche, in line to be the second-ranking official on the Justice Division.
In addition they pointed to the Supreme Court docket ruling giving Trump and different presidents broad immunity from prosecutions over their actions in workplace, saying it helps their argument that his New York conviction needs to be overturned.
Their submitting mentioned the New York trial courtroom “lacks authority to impose sentence and judgment on President Trump — or conduct any further criminal proceedings against him— until the resolution of his underlying appeal raising substantial claims of Presidential immunity, including by review in this Court if necessary.”
The Republican president-elect’s spokesman, Steven Cheung, mentioned in a press release that the case was politically motivated and needs to be dismissed. Trump’s attorneys additionally requested New York’s highest courtroom for an emergency keep Wednesday afternoon, arguing the sentencing 10 days earlier than his inauguration threatens to disrupt the presidential transition.
The Manhattan district legal professional’s workplace, in the meantime, mentioned it would reply in courtroom papers. The emergency movement was submitted to Justice Sonia Sotomayor, who hears appeals from New York.
Trump’s convictions arose from what prosecutors mentioned was an try to cowl up a $130,000 hush cash cost to porn actor Stormy Daniels simply earlier than the 2016 presidential election.
Daniels claims she had a sexual encounter with Trump in 2006. He denies it.
The Supreme Court docket’s immunity opinion got here in a separate election interference case in opposition to him, however Trump’s attorneys say it means a few of the proof used in opposition to him in his hush cash trial ought to have been shielded by presidential immunity. That features testimony from some White Home aides and social media posts made whereas he was in workplace.
Merchan has disagreed, discovering they’d qualify as private enterprise. The Supreme Court docket’s immunity choice was largely about official acts of presidents whereas in workplace.