The New York Court of Appeals, the state’s highest court, has denied President-elect Donald Trump’s last-minute attempt to delay his sentencing in the criminal hush money case tied to adult film actress Stormy Daniels. The court’s ruling came after Trump argued for a pause, citing “president-elect immunity”—a claim prosecutors called “utterly baseless.”
Trump is scheduled to be sentenced Friday after being found guilty in May on 34 felony counts of falsifying business records. The charges stem from a hush money payment made during his 2016 presidential campaign.
The Manhattan District Attorney’s office, led by Alvin Bragg, argued that Trump’s claim of immunity as president-elect had no constitutional basis. “The President-elect is, by definition, not yet the President,” prosecutors wrote in a filing. “There are no Article II functions that would be burdened by ordinary criminal process involving the President-elect.”
The district attorney’s office further warned that delaying Trump’s sentencing could complicate the legal process after his inauguration on January 20, when presidential immunity could present significant obstacles.
“It is axiomatic that there is only one President at a time,” Bragg said in a statement. “No judicial decision or guidance from the Department of Justice has ever recognized that the unique temporary immunity of the sitting President extends to the President-elect.”
Trump’s sentencing comes after months of delays, including multiple appeals from his legal team. Prosecutors argued that the jury had seen “overwhelming” evidence of Trump’s guilt, dismissing his claims of harm if sentencing proceeded.
While Trump faces up to four years in prison, Judge Juan Merchan has signaled he intends to sentence Trump to an unconditional discharge. This would result in no prison time, fines, or probation, respecting the transition process and recognizing the principle of presidential immunity.
Prosecutors, however, stressed the importance of finalizing sentencing before Trump’s inauguration. “If defendant is ever to be sentenced in this proceeding, the least burdensome time to do so is now,” they wrote in their filing.
Trump’s legal challenges extended to the U.S. Supreme Court, which he also petitioned this week to halt sentencing. As of now, his request remains unresolved at the federal level.
Trump’s sentencing is set to take place Friday in New York.
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