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Earlier Monday, Trump’s lawyers filed an appeal urging a New York appellate court to overturn Merchan’s two recent rulings that upheld his conviction in the hush money case, while separately urging the judge to postpone Trump’s sentencing while he appeals.
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Last week, Merchanrejected Trump’s attemptto throw out his conviction because he’s been elected president, scheduling Trump’s sentencing in the hush money case for Friday – though Merchan made clear he would not sentence him to any jail time.
“The Court should vacate the sentencing hearing scheduled for January 10, 2025, and suspend all further deadlines in the case until President Trump’s immunity appeals are fully and finally resolved, which should result in a dismissal of this case, which should have never been brought in the first place,” Trump’s filing states.
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“Defendant will suffer no prejudice from the conclusion of criminal proceedings in the trial court given the Court’s intended sentence of an unconditional discharge and defendant’s decision to appear for sentencing virtually instead of in person—indeed, entry of judgment is necessary to allow the appeal defendant has repeatedly stated he will pursue,” prosecutors wrote in the filing.
“And the current schedule is entirely a function of defendant’s repeated requests to adjourn a sentencing date that was originally set for July 11, 2024; he should not now be heard to complain of harm from delays he caused,” prosecutors added.
On Monday afternoon, Trump’s attorneysfiled an appealwith a New York appellate court seeking to overturn Merchan’s rulings that upheld Trump’s conviction. Trump’s lawyers did not ask the appeals court to intervene in the sentencing – though they could take that step if Merchan moves forward with his plans to sentence Trump Friday.
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“Justice Merchan’s erroneous decisions threaten the institution of the Presidency and run squarely against established precedent disallowing any criminal process against a President-Elect, as well as prohibiting the use of evidence of a President’s official acts against him in a criminal proceeding,” Trump’s attorneys wrote in the filing with the appeals court Monday.
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