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President-elect Donald Trump has asked a New York judge to suspend the sentence in his hush money case, which is a felony. scheduled for January 10.
His lawyers announced on Monday that Trump would appeal Judge Juan Merchán’s decision that ordered the sentencing to proceed.
In court papers, Trump’s lawyers wrote that they would seek “the dismissal of this politically motivated prosecution that was flawed from the beginning.”
Trump was convicted of 34 felony counts of falsifying business records in May 2024, making him the first former president convicted of a crime.
The charges arose from Trump’s attempt to disguise reimbursements for a money payment to an adult film star as legal expenses.
Trump has pleaded not guilty and denied any wrongdoing. His lawyers said filing an appeal should halt criminal proceedings in his New York case.
The sentencing had been repeatedly delayed by the 2024 presidential election and Trump’s attempt to dismiss the case based on a claim of presidential immunity. Judge Merchan ultimately rejected the immunity argument in December.
On Jan. 3, Judge Merchan issued an order saying he would move forward with sentencing before Trump took office, but wrote that he would not consider any prison sentence.
He ordered Trump to appear virtually or in person at the hearing.
“The American people elected President Trump with an overwhelming mandate that demands an immediate end to the political militarization of our justice system and all remaining witch hunts,” said Trump presidential transition spokesman Steven Cheung.
Trump’s team has not publicly commented on whether the president-elect will be in court, but in its response Monday afternoon to the stay request, the Manhattan district attorney’s office referred to “the defendant’s decision to appear.” to sentencing virtually rather than in person. . The reference to a virtual hearing was repeated again several pages later.
In response, the district attorney asked the judge to deny Trump’s request for an immediate stay of his sentence and argued that such a decision would not harm him.
The weeks after the election featured a flurry of legal filings from both Manhattan District Attorney Alvin Bragg, who brought the case, and Trump’s legal team.
Bragg’s office had previously indicated they would not oppose delaying Trump’s sentencing until his term ends, in four years.
But after Judge Merchan decided to move forward with sentencing, Bragg asked the judge to proceed with sentencing on Friday.
In his order last week, Judge Merchan wrote that “this court firmly believes that only by giving finality to this matter” will the legal dilemmas at stake be resolved.
However, the judge left the door open to the possibility that Trump could try to appeal the sentence, writing that he “should be allowed to pursue all available appeals.”