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Then-Republican presidential nominee Donald Trump appeared during the National Guard Association of the United States' 146th General Conference and Exhibition at Huntington Place Convention Center in Detroit on August 26, 2024.
(Photo: Emily Elconin/Getty Images)
NY State Appeals Court Denies 'Ridiculous' Effort to Halt Trump Sentencing
"Immunity doesn't apply to the unofficial conduct for which he was convicted in NY," wrote one legal expert.
Jan 07, 2025
On Tuesday, an appeals court in New York denied President-elect Donald Trump's bid to delay his January 10 sentencing in his criminal "hush money" case.
Appearing before Judge Ellen Gesmer, Trump's legal team argued that a sitting president's immunity from prosecution extends to a president-elect.
In July, the Supreme Court ruled that former presidents have immunity—in some cases "presumptive" and in others "absolute"—for their "officials acts" taken while in office.
Gesmer allowed sentencing to proceed after a brief hearing during which she appeared skeptical of the argument presented by Trump's lawyer, according to The New York Times. The outlet wrote that the ruling is "a significant setback to Trump's hopes of shutting down the case before returning to the White House."
"Trump will run through the appeals courts looking for one willing to pause his impending sentencing. But his argument is just ridiculous—immunity doesn't apply to the unofficial conduct for which he was convicted in NY," wrote Norman Eisen, a senior fellow at the Brookings Institution, a think tank, on X Tuesday.
Last week, New York Supreme Court Justice Juan Merchan upheld the president-elect's criminal conviction of 34 counts of falsifying business documents. The case pertains to a $130,000 hush-money payment made to adult film actress Stormy Daniels just before Trump's 2016 electoral victory.
Trump's lawyers then filed a request to delay the sentencing with Merchan, which he rejected Monday.
When it comes to sentencing, Merchan has signaled he may issue an unconditional discharge, meaning Trump would not serve jail time, but it would cement his status as the first U.S. president convicted of a felony.
Trump has other legal avenues to try to delay the sentencing scheduled for Friday, according to the Times.
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On Tuesday, an appeals court in New York denied President-elect Donald Trump's bid to delay his January 10 sentencing in his criminal "hush money" case.
Appearing before Judge Ellen Gesmer, Trump's legal team argued that a sitting president's immunity from prosecution extends to a president-elect.
In July, the Supreme Court ruled that former presidents have immunity—in some cases "presumptive" and in others "absolute"—for their "officials acts" taken while in office.
Gesmer allowed sentencing to proceed after a brief hearing during which she appeared skeptical of the argument presented by Trump's lawyer, according to The New York Times. The outlet wrote that the ruling is "a significant setback to Trump's hopes of shutting down the case before returning to the White House."
"Trump will run through the appeals courts looking for one willing to pause his impending sentencing. But his argument is just ridiculous—immunity doesn't apply to the unofficial conduct for which he was convicted in NY," wrote Norman Eisen, a senior fellow at the Brookings Institution, a think tank, on X Tuesday.
Last week, New York Supreme Court Justice Juan Merchan upheld the president-elect's criminal conviction of 34 counts of falsifying business documents. The case pertains to a $130,000 hush-money payment made to adult film actress Stormy Daniels just before Trump's 2016 electoral victory.
Trump's lawyers then filed a request to delay the sentencing with Merchan, which he rejected Monday.
When it comes to sentencing, Merchan has signaled he may issue an unconditional discharge, meaning Trump would not serve jail time, but it would cement his status as the first U.S. president convicted of a felony.
Trump has other legal avenues to try to delay the sentencing scheduled for Friday, according to the Times.
On Tuesday, an appeals court in New York denied President-elect Donald Trump's bid to delay his January 10 sentencing in his criminal "hush money" case.
Appearing before Judge Ellen Gesmer, Trump's legal team argued that a sitting president's immunity from prosecution extends to a president-elect.
In July, the Supreme Court ruled that former presidents have immunity—in some cases "presumptive" and in others "absolute"—for their "officials acts" taken while in office.
Gesmer allowed sentencing to proceed after a brief hearing during which she appeared skeptical of the argument presented by Trump's lawyer, according to The New York Times. The outlet wrote that the ruling is "a significant setback to Trump's hopes of shutting down the case before returning to the White House."
"Trump will run through the appeals courts looking for one willing to pause his impending sentencing. But his argument is just ridiculous—immunity doesn't apply to the unofficial conduct for which he was convicted in NY," wrote Norman Eisen, a senior fellow at the Brookings Institution, a think tank, on X Tuesday.
Last week, New York Supreme Court Justice Juan Merchan upheld the president-elect's criminal conviction of 34 counts of falsifying business documents. The case pertains to a $130,000 hush-money payment made to adult film actress Stormy Daniels just before Trump's 2016 electoral victory.
Trump's lawyers then filed a request to delay the sentencing with Merchan, which he rejected Monday.
When it comes to sentencing, Merchan has signaled he may issue an unconditional discharge, meaning Trump would not serve jail time, but it would cement his status as the first U.S. president convicted of a felony.
Trump has other legal avenues to try to delay the sentencing scheduled for Friday, according to the Times.
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