Appeal Court Rejects Trump Bid To Delay Hush Money Sentencing

Trump is scheduled to be sentenced on Friday after being convicted by a New York jury in May of 34 counts of falsifying business records to conceal a hush-money payment to adult film actress Stormy Daniels.

Associate Justice Ellen Gesmer rejected the argument from Trump’s attorneys, who had requested a postponement of sentencing while Trump appeals his conviction.

The defense also contended that the immunity from prosecution afforded to a sitting president should extend to a president-elect, but Gesmer dismissed that claim as well.

“After consideration of the papers submitted and the extensive oral argument, movant’s application for an interim stay is denied,” Gesmer ruled.

Trump, who is set to be inaugurated as president on January 20, has the option to appeal Gesmer’s decision to the full appellate court and, potentially, the U.S. Supreme Court.

Judge Juan Merchan, who oversaw the hush-money trial, has given Trump the choice to appear either in person or virtually at the sentencing on Friday. Merchan has also indicated that he is unlikely to impose a prison sentence on Trump, who would become the first former president ever convicted of a crime.

At a press conference Tuesday, Trump lashed out at Merchan, labeling him a “crooked judge” and criticizing the gag order imposed in the case.

Trump was convicted for falsifying business records to cover up a payment made to Daniels in the final days of the 2016 election, aimed at preventing her from disclosing an alleged sexual encounter with Trump in 2006.

On Monday, Trump was certified as the winner of the 2024 presidential election, four years after his supporters stormed the U.S. Capitol in an effort to overturn his 2020 defeat.

Trump’s legal team had sought to have the case dismissed on multiple grounds, including the argument that a Supreme Court ruling last year granting presidents broad immunity from prosecution for official acts should shield him in this case.

In a decision last week, Merchan rejected those motions but noted that once Trump is sworn in as president, he would likely be immune from prosecution.

Merchan also indicated that he was leaning toward granting Trump an unconditional discharge at sentencing, meaning Trump would avoid jail time and any other conditions, although he would still enter the White House as a convicted felon.

Trump, 78, could face up to four years in prison. However, legal experts have long speculated that Merchan, even before Trump’s victory in the November election, was unlikely to send the former president to jail.