NEW YORK – President-elect Donald Trump is trying to stop the sentencing scheduled for Friday in his criminal hush money case, arguing it cannot legally proceed while he tries to get an appeals court to review his presidential immunity arguments.
Lawyers for Trump asked New York Supreme Court Justice Juan Merchan in court documents made available Monday to block the sentencing. Merchan ruled last week that a sentence would be imposed ahead of Trump’s inauguration Jan. 20, which would formalize Trump’s status as the first president who is a felon.
The Trump attorneys filed a 17-page legal notice asserting that Merchan had no choice but to halt the proceedings. They argued that all events in the case must be automatically paused “by operation of federal constitutional law.”
Merchan said in last week’s ruling that Trump could appear at the sentencing or participate virtually, and that he did not expect to give Trump jail time, probation or a fine. The judge signaled he would grant an unconditional discharge, which means there would effectively be no tangible repercussions for Trump’s felony convictions.
Trump lawyers Todd Blanche and Emil Bove asked Merchan to indicate by 2 p.m. today whether he would pause proceedings and block the sentencing, a legal mechanism known as a stay, as they seek an appeal. It was not immediately clear how or when Merchan would respond.
Jurors found Trump guilty in May on 34 counts of falsifying business records for trying to cover up a $130,000 payment.
Blanche and Bove argue that the case against Trump should have been prohibited under a recent Supreme Court decision giving presidents broad protections from prosecution. They argue that testimony and other evidence used against Trump violated a federal immunity doctrine.
Jurors at trial heard testimony about Trump’s first year in office and saw exhibits generated in 2017, the first year of Trump’s first term.
Prosecutors argued that the payoff efforts were all private in nature and not tied to any of Trump’s official duties as president. Merchan agreed and said the case against Trump was strong and supported by other factors considered by jury.
Trump had four pending criminal cases while he campaigned for president. The New York case, brought by Manhattan District Attorney Alvin Bragg, was the only one to go to trial.
(c) 2025, The Washington Post · Shayna Jacobs