A New York appeals court judge on Tuesday denied President-elect Donald Trump ‘s latest bid to delay this week’s sentencing in his hush money case.
In a one-sentence ruling following an emergency hearing, Judge Ellen Gesmer denied Trump’s request for an immediate order that would spare him from being sentenced while he appeals Judge Juan M Merchan’s decision last week to uphold the historic verdict.
It was the second time in two days that Trump was denied.
Trump went to the Appellate Division of the state’s trial court a day after Merchan rebuffed his initial bid to indefinitely postpone sentencing.
Trump’s sentencing remains on schedule for Friday, though he can still ask other courts to intervene.
At an emergency hearing, Trump lawyer Todd Blanche argued that Trump can’t be sentenced because, as president-elect, he enjoys the same immunity from criminal proceedings as a president.
Merchan had rejected that idea in his ruling last week and Steven Wu, arguing for the Manhattan district attorney’s office, said it flew in the face of the long-held concept of one president at a time.
Trump did not attend the hearing.
Trump, less than two weeks from his inauguration, is poised to be the first president to take office convicted of crimes. If his sentencing doesn’t happen before his second term starts Jan 20, presidential immunity could put it on hold until he leaves office.
Merchan has signalled that he is not likely to punish Trump for his conviction on 34 felony counts of falsifying business records and will accommodate the transition by allowing him to appear at sentencing by video, rather than in person at a Manhattan courthouse.
Still, the Republican and his lawyers contend that his sentencing should not go forward because the conviction and indictment should be dismissed. They have previously suggested taking the case all the way to the US Supreme Court.
Merchan last Friday denied Trump’s request to throw out his conviction