Appeals Judge Rejects Trump's Emergency Request to Halt Sentencing

What Happened?

A New York appeals judge denied President-elect Donald Trump’s request to halt sentencing on his criminal hush money case.

Judge Ellen Gesmer rejected Trump's emergency petition on Tuesday to immediately postpone his sentencing scheduled for Friday, Jan. 10.

In a one-page decision, Judge Gesmer wrote, 'After consideration of the papers submitted and the extensive oral argument, movant's application for an interim stay is denied.'

Trump, who has requested a hearing date of Jan. 27, is now reportedly expected to ask a full panel to stop the sentencing from moving forward while he appeals two rulings by trial Judge Juan Merchan.

His legal team made the last-ditch effort to halt his sentencing after filing a 502-page lawsuit Tuesday.

Why it Matters

The lawsuit, against Judge Juan Merchan and Manhattan District Attorney Alvin Bragg, asked a New York appeals court to stop the hush money case proceedings and sentencing scheduled for Friday.

Trump's legal team also asked to have the conviction outright dismissed based on a presidential immunity claim.

Judge Merchan denied Trump's request late Monday to delay his hush money case sentencing.

He also has ordered Trump to appear in person or virtually for Friday's sentencing.

After denying Trump's request to halt the sentencing, Merchan wrote, 'This Court has considered Defendant's arguments in support of his motion and finds that they are for the most part, a repetition of the arguments he has raised numerous times in the past.'

Trump and his lawyers filed the lawsuit in New York's Appellate Division First Department.

They argued that they sought dismissal of what they stated was a politically motivated prosecution from the very beginning.

Judge Merchan acknowledged in his decision that Trump 'must be permitted to avail himself of every available appeal,' leaving the door open to further legal challenges.

The New York jury's May verdict found Trump guilty on 34 counts of falsifying business documents to conceal a $130,000 hush money payment to adult film star Stormy Daniels to influence the outcome of the 2016 election.

The sentencing had been delayed due to the 2024 presidential election and Trump's attempt to withdraw the case based on a claim of presidential immunity that Judge Merchan rejected in December.

Judge Merchan wrote in his Jan. 3 ruling that the 'most viable solution' was to sentence Trump to an unconditional discharge — closing the case without jail time, a fine, or probation.

He also denied Trump's request to vacate the verdict.

But Trump's legal team argued the sentencing must be postponed while they appeal and higher courts weigh the immunity claims.

After winning reelection, Trump's lawyers have reportedly stated that having this matter hanging over him while president would affect his ability to govern.

Merchan ruled that the hush money case concerned Trump's personal conduct, rejecting the argument surrounding the U.S. Supreme Court's separate July finding.

How it Affects You

The historic verdict, if it stands, would reportedly put Trump on course to be the first president to take office convicted of felony crimes.

It is a challenging scenario for a new incoming administration as Trump is set to take office.

The outcome may ultimately come down to the U.S. Supreme Court to decide the fate of this case.

The decision can have a huge impact on how immunity claims and criminal prosecution are determined for those operating in the Executive Branch.