Mr. Trump’s lawyers said they plan to ask a state appeals court to overturn Judge Juan M. Merchan’s decision, which last week set a sentencing date for Friday next — a little more than a week before he is sworn in for his second term at the White House.
In two rulings in recent weeks, Judge Merchan rejected Mr. Trump’s attempt to overturn the guilty verdict and dismiss the indictment on the grounds of presidential immunity and his imminent return to the White House.
In a ruling last week, the judge indicated that he was not likely to sentence Mr. Trump to any punishment for his historic conviction on 34 counts of falsifying accounting records. Recognizing the demands of the transition process in Washington, he had given Mr. Trump the option of attending in person or appearing virtually by video on Friday.
Mr. Trump’s lawyers argued in court papers Monday that their planned appeal to the Appellate Division of the New York State District Court triggers what is known as an automatic stay, or pause , in the procedure.
If that doesn’t happen, they argued, then Judge Merchan should grant a break and prevent sentencing from being handed down on Friday as scheduled.
“Today, President Trump’s legal team took steps to end the illegal conviction in the Manhattan DA’s witch hunt,” Mr. Trump’s spokesman, Steven Cheung, said Monday.
“The Supreme Court’s landmark decision on immunity, the New York State Constitution, and other established legal precedents dictate that this baseless hoax be immediately rejected.”
– Steven Cheung, spokesman for Donald Trump
A message seeking comment was left with the Manhattan District Attorney’s office, which prosecuted the case.
While Mr. Trump claimed that presidential immunity and his impending second term required overturning the guilty verdict, Judge Merchan wrote in his Jan. 3 ruling that only sentencing Mr. Trump to a sentence, “ by putting an end to this matter”, would serve the interests of justice.
The judge wrote that sentencing Mr. Trump to what is called an absolute discharge — closure of the case without jail time, fines or probation — “appears to be the most viable solution.” Mr. Trump will have the opportunity to speak at his sentencing, as will his lawyers and prosecutors. Once convicted, he will be able to appeal the verdict, as he has promised to do.
Mr Trump is set to become the first president to take office after being convicted of serious crimes. In a social media post, he said “it would be the end of the presidency as we know it” if the judge’s decision upholding the May 30 verdict stood.
The charges related to an alleged scheme to conceal a cash payment to porn actress Stormy Daniels in the final weeks of Mr. Trump’s 2016 presidential campaign, to prevent her from going public with allegations that she had had sex with him years earlier. Mr. Trump maintains that his story is false and that he did nothing wrong.
The case centered on how Mr. Trump justified reimbursing his then-personal lawyer, Michael Cohen, who made the payment to Ms. Daniels. It is punishable by a fine or probation, up to four years in prison.
Mr. Cohen, a key prosecution witness who had previously sought Mr. Trump’s imprisonment, indicated that “given all the circumstances that arose,” Judge Merchan’s decision not to sentence him “is both judicious and appropriate”.
Mr. Trump’s sentencing was initially scheduled for July 11, then postponed twice at the request of the defense. After Mr. Trump’s election on November 5, Judge Merchan again delayed sentencing so that the defense and prosecution could argue the future of the case.
