BURSTThe Manhattan district attorney's office said Monday it opposes any suspension of President-elect Trump's Jan. 10 sentencing on his New York criminal conviction ahead of his return to the White House.
Prosecutor Matthew Colangelo argued in a new court filing that Trump’s intention to appeal decisions by Judge Juan Merchan allowing the conviction to stand does not mean the case must be paused, especially as the sentencing is the only remaining proceeding.
"There is no risk here of an 'extended proceeding' that impairs the discharge of defendant's official duties — duties he does not possess before January 20, 2025 in any event," Colangelo wrote.
Merchan ruled last week that Trump’s sentencing could move forward this Friday despite his upcoming inauguration, rejecting the incoming president’s arguments that his election victory should mark an end to the case.
The judge previously signaled he intends to grant Trump an unconditional discharge, which would cement his conviction without any punishment. He said he is not inclined to sentence the president-elect to any prison time, given concerns about his immunity from criminal prosecution upon taking the oath of office.
Colangelo pointed to Trump’s likely unconditional discharge as reason that he would suffer no prejudice from wrapping up the case Friday. In fact, an entry of judgment — which follows a sentence — would allow Trump to formally seek the appeal he has repeatedly vowed to pursue, the prosecutor said.
“And, the current schedule is entirely a function of defendant’s repeated requests to adjourn a sentencing date that was originally set for July 11, 2024; he should not now be heard to complain of harm from delays he caused,” Colangelo said.
Trump's attorneys argued that their intent to appeal Merchan's recent decisions should automatically pause all proceedings in the case.
The judge ruled that Trump’s November victory at the polls does not necessitate throwing out his conviction, and the guilty verdict withstands the Supreme Court’s ruling on presidential immunity.
"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 this case, which should have never been brought in the first place,” they wrote in a filing made public Monday morning.
A New York jury found Trump guilty on 34 counts of falsifying business records in connection with a hush money payment made to porn actor Stormy Daniels ahead of the 2016 presidential election so she would keep an alleged affair secret.
It’s the only one of Trump’s criminal cases to have reached trial. Since his election victory, his two federal cases have been withdrawn and his Georgia charges remain in limbo after Fulton County District Attorney Fani Willis (D) was disqualified from the case.