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Blanche said the Supreme Court’s July decision on presidential immunity offers Trump constitutional protection. Though Merchan had denied two arguments to vacate Trump’s conviction, Blanche argued that either of those arguments should allow them a stay of proceedings while the appeal gets litigated.

Gesmer, who presided over the hearing, asked Blanche whether there’s any precedent for his request that presidential immunity could extend to a president-elect.

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“Now is the best time for this to happen here,” Wu said. He acknowledged the DA’s office has agreed with Trump’s legal team that it will be much more difficult to have a sitting president called in for sentencing on a state matter.

Blanche said sentencing is an “extraordinary” imposition on Trump, adding a criminal sentencing is “a big deal” in someone’s life even if it’s only going to take an hour. The judge cut him off and noted Merchan would have been happy to sentence Trump in July.

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Blanche also argued that the court should consider actions by the Department of Justice to decline to prosecute Trump in his two federal cases after he was elected president. “There is no case law and that is true, but that doesn’t mean we can’t look at what has happened,” Blanche said.

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“There is none whatsoever for that claim,” Wu said later, arguing that the theory of immunity for a president-elect interferes with the idea that there is only one sitting president at a time.

If the appeals court rules against Trump after Tuesday’s hearing, there are still other appeals avenues he could pursue to try to block Friday’s sentencing.

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