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JUST IN: New York Court Releases Decision On Trump Sentencing

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New York’s highest court declined to intervene in the sentencing of Donald J. Trump, leaving the president-elect with dwindling legal options as he seeks to delay the hearing. The New York Court of Appeals issued a brief order on Thursday denying Trump’s legal team a hearing, effectively allowing the sentencing to proceed as scheduled on Friday morning. This leaves the U.S. Supreme Court as Trump’s last remaining avenue to halt the proceedings.

The sentencing, overseen by Judge Juan M. Merchan, follows Trump’s conviction last May on 34 felony counts of falsifying business records. Prosecutors argued that the former president orchestrated the scheme to conceal a $130,000 hush money payment to Stormy Daniels, an adult film actress, in the run-up to the 2016 election. Trump has repeatedly denied any wrongdoing, dismissing the charges as politically motivated.

Trump’s legal team had initially sought relief from New York’s courts, asking them to postpone the hearing. Those efforts were unsuccessful, prompting his lawyers to turn to the nation’s highest court on Wednesday. The Supreme Court has not yet indicated whether it will intervene. If it declines to act, Trump will appear for sentencing as planned, marking a significant moment in the case that has shadowed his post-presidential campaign.

“Your proposed order to show cause was reviewed by Judge Rivera, who declined to sign the order,” the order read. “As a result of the Judge’s determination, no motion is pending in the above title at the Court of Appeals.” The former president has framed the legal proceedings as part of a broader effort to undermine his political ambitions. Despite the conviction and mounting legal challenges, Trump has maintained a commanding presence in the Republican Party, securing the presidential nomination for 2024. However, Friday’s sentencing may test his resilience as he prepares to face the dual pressures of his legal battles and the demands of the campaign trail.

Trump’s attorneys argued in a filing made public earlier Monday that the court should vacate the sentencing hearing and suspend all deadlines until appeals concerning presidential immunity are resolved. They contended that presidential immunity extends into the transition period and protects Trump not just from liability but from the legal process itself. The appeal requested a hearing date of January 27, one week after Trump’s inauguration. Although Judge Merchan has signaled he will not impose jail time, fines, or probation, attorneys for Trump contend that even a felony conviction would carry severe consequences.

They argue that Trump’s first-term immunity precluded the use of evidence regarding official conduct before the grand jury, which they claim tainted the indictment and subsequent jury verdict. Additionally, they assert that immunity during the transition period necessitates a halt to legal proceedings until appeals are fully resolved. The defense also cited New York legal precedents, claiming that criminal cases are typically stayed when appeals challenge a lower court’s jurisdiction. Though New York law makes such stays discretionary, Trump’s attorneys insisted that denying a stay for the president-elect would be unprecedented and improper.

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