Donald Trump is seeking to sideline Friday’s planned sentencing following his conviction in the New York hush money trial last year.
In a ruling last week, Judge Juan Merchan ordered Trump to be sentenced, while rejecting his efforts to dismiss the conviction.
Merchan indicated that the president-elect would not be sentenced to jail time, but was unpersuaded by Trump’s legal team’s claims that he has presidential immunity.
In their latest filing, Trump’s attorneys argued that due “to the fact that further criminal proceedings are automatically stayed by operation of federal constitutional law, the Court will lack authority to proceed with sentencing, must therefore immediately vacate the sentencing hearing scheduled for January 10, 2025, and suspend all proceedings in the case until the conclusion of President Trump’s appeal on Presidential immunity.”
His attorneys argued that Trump’s appeal triggered an “automatic stay” of the proceedings, but are still seeking the court’s determination that the sentencing is on hold.
Merchan ordered Trump to appear at the sentencing, but left open the option of virtual attendance. Trump is scheduled to attend funeral services for former President Jimmy Carter on Thursday.
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