President-elect Donald Trump has asked a New York judge to stay the conviction in his money laundering case, scheduled for the 10th of January.
His lawyers announced on Monday that Trump will appeal Justice Juan Merchan’s decision to continue the sentence.
In court filings, Trump’s lawyers wrote that they would seek “dismissal of this politically motivated prosecution that was flawed from the beginning”.
Trump was convicted of 34 counts of falsifying business records in May 2024, making him the first president to be convicted of a crime.
The lawsuits stem from Trump’s attempt to hide hush money refunds from the former movie star as legal expenses.
Trump has pleaded not guilty and denied wrongdoing. His lawyers say filing an appeal should halt his trial in New York.
The sentencing was repeatedly delayed by the 2024 presidential election and Trump’s attempt to have the case thrown out due to a claim of presidential immunity. Justice Merchan ultimately rejected the affirmative action in December.
On January 3, Justice Merchan issued an order stating that he would continue to impose the sentence before Trump takes office, but wrote that he would not consider any prison sentence.
He ordered Trump to appear physically or in person for the trial.
“The American people elected President Trump with a mandate that requires the immediate elimination of the political weapons of our justice system and all remaining Witch Hunters,” said Steven Cheung, Trump’s presidential transition spokesman.
Trump’s team has not commented publicly on whether the president-elect will be in court, but in its response Monday afternoon to the stay request, the Manhattan district attorney’s office referred to “the defendant’s decision to appear for sentencing in lieu of personal representation.” The reference to the virtual hearing was repeated a few pages later.
In response, the district attorney asked the judge to deny Trump’s request to postpone his sentence, and said he would not be prejudiced by such a decision.
In the weeks following the election, dozens of legal filings were filed from Manhattan District Attorney Alvin Bragg, who brought the case, and Trump’s legal team.
Bragg’s office previously indicated it would not oppose delaying Trump’s sentencing until after his term in office, four years from now.
But after Justice Merchan decided to proceed with sentencing, Bragg asked the judge to proceed with sentencing on Friday.
In his order last week, Justice Merchan wrote that it is “the firm belief of this court that only by bringing this matter to a conclusion” will the existing disputes be resolved.
However, the judge left the door open to the possibility that Trump would seek to appeal the sentence, writing that he “must be allowed to pursue all available appeals”.
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