President-elect Donald Trump is making efforts to delay his sentencing in the hush money case as he fights to avoid the finality of his conviction before returning to the White House. Trump has turned to the Appellate Division of the state's trial court after the trial judge rejected his bid to indefinitely postpone sentencing, ordering it to proceed as scheduled on Friday.
Trump is seeking an immediate stay to prevent his sentencing while he appeals the judge's decision to uphold the verdict. Oral arguments are expected to take place before a single judge, with a decision likely to follow soon after.
The scheduling conflict arises less than two weeks before Trump's inauguration, making him potentially the first president to take office convicted of crimes. If sentencing does not occur before his second term begins on January 20, it may have to wait until he leaves office in 2029 due to the belief that a sitting president is immune from criminal proceedings.
Judge Merchan has indicated that he is unlikely to penalize Trump for his conviction and will allow him to appear at sentencing via video. However, Trump and his legal team argue that the sentencing should not proceed and have considered taking the case to the U.S. Supreme Court.
Manhattan prosecutors have advocated for the sentencing to proceed promptly, citing the public interest and the importance of finalizing criminal proceedings. The charges against Trump involve an alleged scheme to conceal a hush money payment to Stormy Daniels during his 2016 campaign.
The case revolves around how Trump accounted for reimbursing his former lawyer, Michael Cohen, who made the payment to Daniels. The conviction carries the potential for punishment ranging from a fine or probation to up to four years in prison.
Trump's sentencing, initially scheduled for July 11, has been postponed multiple times at the defense's request. Following Trump's election on November 5, the sentencing was further delayed to allow both the defense and prosecution to provide input on the case's future.
