Former President Donald Trump’s sentencing hearing in New York, scheduled for Friday, January 10th, is facing a last-minute legal challenge. His legal team has requested that Judge Juan Merchan halt the proceedings, arguing that the judge lacks the authority to proceed while Trump’s appeal of a prior ruling is pending. This appeal centers on the applicability of presidential immunity to the hush-money case, a point Trump’s lawyers contend is yet to be definitively adjudicated by the appellate courts.
Trump’s attorneys, Todd Blanche and Emil Bove, argue that forcing the former president to undergo sentencing while his immunity claim is under review would violate his rights. They contend that such a procedure would effectively compel him to “answer for his conduct in court” before the issue of immunity is resolved. The defense emphasizes that this situation is further complicated by the fact that the sentencing, even if resulting in an unconditional discharge as Judge Merchan suggested, is inappropriate given ongoing legal challenges. They assert that numerous legal errors, including those related to presidential immunity, invalidate the conviction entirely.
Despite Judge Merchan’s statement that an unconditional discharge would be issued – a decision he framed as balancing presidential duties with the jury’s verdict – Trump’s lawyers maintain that no sentencing should occur until the appeals process is complete. The Manhattan District Attorney’s office has not yet responded to the request to delay sentencing. The legal battle surrounding the sentencing continues, raising questions about the intersection of presidential immunity and ongoing criminal proceedings.