President-elect Donald Trump on Wednesday filed an emergency motion with the Supreme Court seeking to halt sentencing in a business records case in which a New York jury found him guilty of falsifying business records.
After the verdict, New York County Supreme Court Judge Juan Marchand set sentencing for Trump for Friday, January 10th at 9:30 a.m.
In the lawsuit, Democratic New York District Attorney Alvin Bragg accused Trump of falsifying business records by classifying payments to his then-lawyer Michael Cohen as business expenses rather than campaign expenses. Bragg claimed it was done to cover up his attempts to influence the 2016 presidential election.
Trump pleaded not guilty to all charges and appealed, but Marchand rejected his appeal last week. The president-elect's petition to the Supreme Court comes after a New York judge on Tuesday denied his request to put Friday's ruling on hold.
Marchand said he was unlikely to “impose any prison term” or any other punishment, but a senior adviser to President Trump said the incident was a hoax and the sentencing was “illegal.” .
Stephen Chan, President Trump's press secretary and incoming White House communications director, said in a statement:
President Trump's legal team has filed an emergency petition with the U.S. Supreme Court, asking the New York court to correct its unfair practices and halt the Manhattan DA's illegal witch-hunt decision.
The Supreme Court's historic decisions on immunity, constitutional law, and established precedent mandate that this worthless hoax be immediately dismissed.
The American people elected President Trump with overwhelming authority to demand an immediate end to the political weaponization of our justice system and all remaining witch hunts.
As President Trump Makes America Great Again, we look forward to bringing the country together under the new administration.
In their petition to the Supreme Court, Trump's lawyers argued that the proceedings should be halted pending final resolution of Trump's “interlocutory appeals questioning his presidential immunity.”
They also ignored the Supreme Court's July 1, 2024 ruling that New York prosecutors said the president has immunity from prosecution related to his official actions, and the “We mistakenly admitted a wide range of evidence.”
They wrote in their petition:
This court should immediately halt further proceedings in the New York trial court to prevent serious fraud and damage to the institution of the presidency and the operation of the federal government. President Trump's initiation of an interlocutory appeal raising a presidential immunity claim automatically halts the trial court proceedings under Trump v. United States and related case law. This appeal ultimately centers on the disgraceful conduct and false allegations of a serial liar and disbarred district attorney who was flawed from the beginning and violated President Trump's due process rights. This would result in the dismissal of charges based on moral motives. There was no benefit.
They argued:
In the meantime, the New York trial court has ruled that President Trump will not be allowed to proceed until his underlying appeals raising substantive immunity claims are resolved, including by review before this court, including in the following cases: lacks the power to impose sentence and sentence or bring further criminal proceedings against him; need. As discussed herein, this Court will hold a hearing against President Trump in a New York trial court, including, but not limited to, a criminal sentencing hearing scheduled for January 10, 2025 at 9:30 a.m. An immediate suspension of the criminal proceedings should be ordered. If necessary, the court should also enter a temporary administrative stay of these proceedings while considering this stay application.
New York state's written response is expected at 10 a.m. Thursday.
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