WASHINGTON (NewsNation) — President-elect Donald Trump may pursue a last-minute appeal after the New York judge overseeing his hush money case rejected his effort to delay sentencing, set for Friday.
Judge Juan Merchan rejected a request to delay sentencing, keeping it just 10 days before Trump returns to the White House.
“This court has considered defendant’s arguments in support of his motion and finds that they are, for the most part, a repetition of the arguments he has raised numerous times in the past,” he wrote in a court filing Monday.
On Tuesday morning, Trump held a news conference to announce a major investment in U.S. data centers. However, he discussed a range of topics, including criticisms of Merchan, special counsel Jack Smith, and the Biden administration’s economic policies.
“You don’t have a judge working real hard to try” to “embarrass you,” Trump said, referring to Merchan, who previously issued him a gag order in the hush money case.
During Trump’s remarks, Trump-appointed Judge Aileen Cannon, presiding over his classified documents case blocked Smith’s team from releasing a report that Trump has been fighting.
Judge signals no punishment for conviction
Trump’s attorneys had sought to postpone sentencing indefinitely, while they appealed. He has already been denied a dismissal in the case, which he argues could mark the “end of the presidency as we know it” if upheld.
Merchan signaled he is inclined to impose no punishment for Trump’s 34-count felony conviction, given concerns about his immunity from criminal prosecution upon taking the oath of office.
He said an unconditional discharge “appears to be the most viable solution” and would allow Trump to appear virtually.
In May, a New York City jury found Trump guilty on 34 counts of falsifying business records in connection to payments made to adult film actress Stormy Daniels ahead of the 2016 election. Daniels was paid during the campaign to keep quiet about an affair she allegedly had with Trump, which he denies.
Manhattan DA: Immunity doesn’t apply with Trump not yet in office
In a court filing this week, Trump’s legal team argued for postponing sentencing, stating, “The court should vacate the sentencing hearing until President Trump’s immunity appeals are fully and finally resolved, which should result in a dismissal of this case, which should have never been brought in the first place.”
They contend the Supreme Court’s ruling on presidential immunity should apply, citing jury evidence like social media posts and testimony from aides from Trump’s time as president.
They also argue that immunity should extend since Trump is set to take office on Jan. 20. However, the Manhattan DA’s office opposes delaying sentencing, asserting that immunity shouldn’t apply while Trump is out of office.
Merchan has previously suggested he is unlikely to sentence Trump to prison.