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President-elect Donald Trump launched an aggressive legal campaign Monday to postpone his criminal sentencing in New York, just days before he faces the historic prospect of becoming the first president to be sentenced as a convicted felon. The scheduled January 10 sentencing comes amid the critical presidential transition period, merely ten days before his inauguration.
Trump's legal team filed motions demanding Justice Juan Merchan delay the proceedings, which stem from his May conviction on 34 felony counts of falsifying business records. His lawyers argue that an automatic stay should take effect due to their planned appeal of Merchan's January 3 ruling, which upheld the conviction and rejected Trump's motion to dismiss the case.
The legal strategy involves a two-pronged approach. Trump's attorneys, Todd Blanche and Emil Bove, indicated they would file both an appeal and a separate civil action against Justice Merchan if he doesn't pause the sentencing by Monday afternoon. This civil action, known as an Article 78 petition, seeks to challenge the judge's recent decisions through New York State's special proceedings mechanism.
Despite the urgency of Trump's requests, Justice Merchan has already signaled that the president-elect will face no jail time or restrictions on his freedom. However, Trump appears determined to avoid the symbolic weight of formal sentencing as a felon, particularly during the presidential transition period.
"This court's decision to schedule a sentencing hearing on Jan. 10, 2025, at the apex of presidential transition and 10 days before President Trump assumes office, necessitates that President Trump will be forced to continue to defend his criminal case while he is in office," his lawyers argued in Monday's filing.
The timing creates a unique legal scenario. Once Trump takes office on January 20, the proceedings could potentially halt, following the Justice Department's longstanding policy against prosecuting sitting presidents. Although this is a state case, legal experts expect it to follow similar precedent.
Trump's team maintains their position that the prosecution is politically motivated. His spokesperson, Steven Cheung, stated that Trump's return to the White House requires "an immediate end to the political weaponization of our justice system and all of the remaining Witch Hunts."
The case has faced multiple delays since the May conviction, with sentencing dates pushed back from July to September, then November, and now January. Each postponement has coincided with various legal maneuvers and Trump's presidential campaign activities.
The Manhattan District Attorney's office, led by Alvin Bragg, has yet to respond to this latest delay attempt.
