President-elect Donald Trump is attempting to delay his sentencing in the hush money case, according to a court filing made public on Monday. Trump’s attorneys requested that the court vacate the sentencing hearing scheduled for January 10, 2025, and suspend all further deadlines until his immunity appeals are resolved. This filing was submitted to New York state Judge Juan Merchan on Sunday.
Last week, Judge Merchan denied Trump’s motion to dismiss the case and ordered the sentencing on 34 felony counts of falsifying business records to proceed ahead of his inauguration. Trump’s legal team is appealing these decisions to the state Appellate Division, claiming an “automatic stay.”
Trump spokesperson Steven Cheung called the sentencing “unlawful,” citing the Supreme Court’s decision on immunity and the New York state constitution. Manhattan District Attorney Alvin Bragg’s office is expected to respond in the afternoon.
In his Friday ruling, Merchan indicated that he did not plan to jail Trump and was likely to sentence him to an unconditional discharge, meaning Trump would remain a convicted felon without additional punishment. Trump was convicted in May for falsifying records related to a hush money payment made by his then-attorney Michael Cohen to adult film star Stormy Daniels during the 2016 presidential election. Daniels testified that she had a sexual encounter with Trump in 2006, a claim he has denied.
Initially, Trump’s sentencing was scheduled for July, but it was postponed following a U.S. Supreme Court ruling that set a new standard for presidential immunity. Merchan ruled that the Supreme Court decision did not affect Trump’s conviction in the criminal case. The judge’s Friday ruling allowed Trump to choose whether to appear in person or virtually for the sentencing, and asked his attorneys to inform him of their decision by Sunday. It is unclear if they have responded or if their filing serves as the response.