President-elect Donald Trump moved Monday to cancel his sentencing in New York.
Judge Juan Merchan set Trump’s sentencing date for Jan. 10, just ten days before his inauguration.
Trump notified the court that he would appeal Merchan’s rulings denying his presidential immunity motion, as well as a motion to dismiss he filed after winning the election.
“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,” his attorneys wrote in the filing.
In his ruling last week, Merchan indicated he would not impose a jail sentence, suggesting a sentence of “unconditional discharge” would be most appropriate.
“While it is indisputable that the fabricated charges in this meritless case should have never been brought, and at this point could not possibly justify a sentence more onerous than that, no sentence at all is appropriate based on numerous legal errors—including legal errors directly relating to Presidential immunity that President Trump will address in the forthcoming appeals,” Trump’s attorneys wrote in the filing. “The Court’s non-binding preview of its current thinking regarding a hypothetical sentencing does not mitigate these bedrock federal constitutional violations.”
Trump’s attorneys urged Merchan to notify both sides about whether he intends to continue with the sentencing hearing by 2 p.m.
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