Appeals Court Refuses To Stop Trump’s Sentencing

Topline

President-elect Donald Trump’s criminal sentencing will take place Friday as scheduled, as a New York appeals court Tuesday shot down Trump’s request to pause the sentencing as the president-elect challenges the verdict against him.

Key Facts

A New York appeals court judge denied Trump’s request to pause all proceedings in his Manhattan criminal case, as he tries to convince an appeals court that the guilty verdict against him—on 34 felony counts of falsifying business records—should be thrown out.

The ruling means Trump’s sentencing will take place at 9:30 a.m. EST as previously scheduled, despite the president-elect’s effort to halt it.

Trump has argued his impending presidency should nullify the proceedings against him and that he should be immune from the charges under the Supreme Court’s ruling giving him some immunity from criminal charges—which Judge Juan Merchan, who oversaw his trial, has already rejected.

The appeals court’s ruling came after a hearing Tuesday in Manhattan, in which Trump’s lawyers argued the case should be paused because Trump also has immunity as the president-elect, also claiming Merchan’s rulings upholding the verdict are “causing ongoing, irreparable harm by depriving President Trump of his constitutional rights.”

The appeals court has not yet issued a ruling explaining its decision to let the sentencing go forward, only noting that Trump’s request to pause proceedings was denied “after consideration of the papers submitted and extensive oral argument.”

What Will Trump’s Sentence Be?

Merchan has already indicated he doesn’t want to impose many—if any—penalties on Trump at his sentencing Friday, saying in a ruling last week he was inclined to give the president-elect an “unconditional discharge.” That would mean Trump would still be sentenced and the case against him won’t be dropped, but he won’t face any penalties. Even if that doesn’t happen, Merchan has also said he doesn’t intend to sentence Trump to prison—as he could, under the statute Trump was charged under—given it wouldn’t be “practicable” with Trump’s presidency. If the judge does impose any penalties, he could fine Trump up to $170,000, based on a maximum $5,000 for each of the 34 counts he faces, and could impose other measures like probation, though those are less likely given the logistical issues with Trump’s presidency.

What To Watch For

The appeals court still has to issue a final ruling on whether or not it will uphold Trump’s guilty verdict, though the ruling Tuesday means that could come even after he’s already been sentenced. Once Trump is formally sentenced, he’ll also be able to appeal the jury’s verdict against him, which he can’t do now while the legal proceedings are still ongoing.

Will Trump Attend His Sentencing In Person?

No. Prosecutors said Tuesday Trump has chosen to attend the sentencing virtually, according to Courthouse News, which Merchan said Trump could do so that it wouldn’t disrupt his presidential transition.

Key Background

Trump was found guilty on 34 felony counts in April following a weekslong trial, as he was charged with falsifying business records based on reimbursement checks he sent ex-attorney Michael Cohen to cover a hush money payment made to adult film star Stormy Daniels after the 2016 election. Trump’s sentencing was initially supposed to take place in July, but the president-elect successfully managed to repeatedly push back the date, first to September and then until after the election. The sentencing was then postponed indefinitely after Trump’s election, before Merchan ruled Friday it should move forward—which came as a surprise, as prosecutors had suggested it should wait until after Trump left office or be dropped entirely. The sentencing comes as the other criminal cases against Trump have largely fallen apart: his two federal criminal cases were both dropped due to the Justice Department’s policy against prosecuting sitting presidents, and the fate of his criminal case in Georgia is now up in the air after an appeals court ruled to disqualify Fulton County District Attorney Fani Willis from prosecuting the case.

Further Reading