A New York judge on Tuesday rejected President-elect Donald Trump’s latest attempt to postpone sentencing in his “hush money” criminal case. The hearing remains scheduled for Friday morning.
Trump attorney Todd Blanche argued during a brief hearing Tuesday that a president’s immunity from criminal proceedings extends to the transition period, before he takes the oath of office. His team has argued that Trump’s election meant Justice Juan Merchan should have had no choice but to dismiss Trump’s case and set aside his conviction.
Justice Ellen Gesmer hit back at that idea during Tuesday’s hearing, pointing out that it’s without legal precedent. Stephen Wu, an attorney for Manhattan District Attorney Alvin Bragg, called the claim “baseless.”
When asked for support for the notion that presidential immunity extends to presidents-elect by Justice Gesmer, Blanche replied, “There’s never been a case like this before, so, no.”
Gesmer also seemed to question the basis of another argument made by Blanche, that special counsel Jack Smith’s decision to end his federal cases against Trump is relevant to the New York case.
“Neither of those proceedings could have been concluded before your client was inaugurated,” Gesmer said, “whereas this proceeding can be concluded.”
Bragg’s office opposes pushing back the sentencing again, which Merchan noted in his most recent order has already been delayed three times. Merchan further pointed out that Trump’s efforts to move the sentencing beyond the election had made it inevitable that it would ultimately need to take place in the transition period before inauguration.
Trump is the first former president ever convicted of crimes. A unanimous jury in May concluded he authorized a scheme to falsify records related to reimbursements for a “hush money” payment to an adult film star.
Sentencing was first scheduled for July 11, but pushed back after the Supreme Court’s landmark decision on presidential immunity. A Sept. 18 date was later postponed in order to avoid interfering with the presidential campaign. When Trump was elected, a Nov. 26 hearing was scrapped as the sides argued over whether to move forward with the case.
On Jan 3, Merchan ordered Trump to appear for sentencing on Friday.
