President-elect Donald Trump is seeking a stay of his Friday sentencing in the hush money case, according to a court filing made public Monday.
“The Court should vacate the sentencing hearing scheduled for January 10, 2025, and suspend all further deadlines in the case until President Trump’s immunity appeals are fully and finally resolved,” Trump’s attorneys argued in a filing with Judge Juan Merchan dated Sunday.
Merchan had denied Trump’s bid to dismiss the case in a ruling last week, and ordered his sentencing on 34 felony counts of falsifying business records to proceed this week, ahead of his inauguration.
The filing said Trump is appealing those decisions to the state Appellate Division later today, and is entitled to an “automatic stay.”
In a statement, Trump spokesperson Steven Cheung called the sentencing “unlawful.”
“The Supreme Court’s historic decision on Immunity, the state constitution of New York, and other established legal precedent mandate that this meritless hoax be immediately dismissed,” he said.
NBC News has reached out to Manhattan District Attorney Alvin Bragg’s office for comment.
In his Friday ruling, Merchan said he did not plan to jail Trump and was likely to sentence him to an unconditional discharge, meaning he would remain a convicted felon but would have no other punishment.
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