Donald Trump’s legal team has appealed Judge Juan Merchan’s two rulings that dismissed the president-elect’s attempts to toss his conviction in his hush money case. Trump is now seeking a stay of Friday’s scheduled sentencing, according to multiple media reports.
Monday’s appeal comes on the same day that Congress is set to certify Trump’s November election win, as well as the anniversary of the 2021 insurrection.
Trump’s lawyers previously argued the indictment should be dismissed on the grounds of presidential immunity since Trump will return to serve as leader of the United States later this month. Last week, Merchan rejected that bid and announced that sentencing for the case would take place this coming Friday, about a week and a half before Trump is sworn in for his second term.
In court papers that appeared on Monday, Trump’s lawyers argued their planned appeal to the Appellate Division should trigger an automatic “stay” in proceedings (either temporarily or permanently). The incoming president’s legal team went on to argue that if a stay doesn’t happen automatically, then Merchan should grant a pause to prevent sentencing from happening on Friday, at minimum.
“Today, President Trump’s legal team moved to stop the unlawful sentencing in the Manhattan D.A.’s Witch Hunt,” Trump spokesperson Steven Cheung said, according to the AP. “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.”
In May of 2024, Trump was convicted on 34 felony counts of falsifying business records in an attempt to conceal hush money payments made to adult film star Stormy Daniels. Trump has the option to attend his Friday sentencing in person or via video conference.
Given the fact that Trump is set to become the 47th President of the U.S., Merchan has stated he will likely grant Trump an unconditional discharge, meaning the charges will be upheld but he will not have to pay a fine nor will he have to serve probation or jail time. During last week’s ruling, Merchan called the outcome the “most viable solution to ensure finality and allow Defendant to pursue his appellate options.”
