NEW YORK — President-elect Donald Trump made a request on Monday to the judge handling his criminal case in New York to postpone a sentencing hearing scheduled for Friday.
In an unexpected decision last week, Judge Juan Merchan mandated Trump’s presence for sentencing on January 10, either in person or virtually, after Trump’s conviction in May on 34 counts of falsifying business records.
Trump’s legal team contended that Merchan would not have the jurisdiction to proceed with the sentencing because Trump is currently appealing Merchan’s previous ruling that the presidential immunity established by the Supreme Court does not extend to the New York hush money case.
“Forcing a President to continue to defend a criminal case-potentially through trial or, even more dramatically here, through sentencing and judgment-while the appellate courts are still grappling with his claim of immunity would, in fact, force that President ‘to answer for his conduct in court’ before his claim of immunity is finally adjudicated,” defense attorneys Todd Blanche and Emil Bove wrote.
Merchan said he would sentence Trump to an unconditional discharge, effectively a blemish on Trump’s record, saying it struck a balance between the duties of president and the sanctity of the jury’s verdict.
Trump’s attorneys said it did not matter.
“It is of no moment that the Court has suggested an intention to impose a sentence of unconditional discharge. While it is indisputable that the fabricated charges in this meritless case should have never been brought, and at this point could not possibly justify a sentence more onerous than that, no sentence at all is appropriate based on numerous legal errors-including legal errors directly relating to Presidential immunity that President Trump will address in the forthcoming appeals,” the defense said.
The Manhattan district attorney’s office declined to comment.
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