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Jan. 6 (UPI) — Attorneys for President-elect Donald Trump asked New York Judge Juan Merchan on Monday to delay sentencing in his criminal hush money case because questions over his immunity remain under appeal.
Merchan is set on Friday to sentence the incoming president on the 34 felony counts of falsifying business records last May. The sentencing has been delayed several times because of various legal wranglings brought up by Trump’s legal team.
Trump’s attorney argued on Monday in court filings that Merchan doesn’t have the authority to move forward with sentencing while a question surrounding the case is in the appellate court.
The president-elect’s team is appealing Merchan’s ruling that the hush money case involved actions Trump took before he became president in 2016 and does not fall under a recent U.S. Supreme Court immunity ruling. Trump’s attorney had sought to get the case dismissed.
“The court should vacate the sentencing hearing scheduled for January 10, 2025, and suspend all further deadlines in the case until President Trump’s immunity appeals are fully and finally resolved, which should result in a dismissal of the case, which should have never been brought in the first place,” Trump’s attorneys said, according to CNN.
Merchan had originally set to sentence Trump in July but delayed it until November’s presidential because of the Supreme County presidential immunity ruling. In December, Merchan said Trump’s actions to pay off adult film star Stormy Daniels happened before he became president, thus not falling under presidential immunity.