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Former President Donald Trump arrives at Manhattan Criminal Court, Thursday, May 30, 2024, in New York.
Seth Little | Via Reuters
A New York appeals court judge on Tuesday rejected a request from the president-elect Donald Trump to delay his criminal sentence Friday for his conviction in a case related to the payment of shut up money to a porn star before the 2016 election.
Judge Ellen Gesmer denied the motion shortly after holding a hearing on Trump’s request. On Monday, Manhattan Supreme Court Justice Juan Merchan, who presided over Trump’s trial, refused to delay the sentencing.
Trump’s lawyers had argued that Trump had the right to remain in the case because of a US Supreme Court ruling in July that said presidents have presumptive immunity from criminal charges for official acts taken in office.
Todd Blanche, attorney for President-elect Donald Trump, leaves the New York State Appellate Division of the Supreme Court in New York City, United States, on January 7, 2025.
Adam Gray | Reuters
The lawyers also argued that Trump would suffer irreparable harm and his constitutional rights would be violated if he were convicted 10 days before he was sworn in for a second term.
Gesmer was skeptical of these claims during the hearing.
She noted that Merchan has already said that he is not likely to give Trump any jail time. Merchan also said he was inclined not to order Trump to serve any probation or pay any fines in the case.
“After consideration of the documents submitted and extensive oral argument, movant’s request for an interim stay is denied,” Gesmer wrote in his decision.
Trump was convicted in May of 34 felony counts of falsifying business records in connection with a $130,000 payment from his lawyer Michael Cohen to adult film actress Stormy Daniels.
Cohen paid Daniels on the eve of the 2016 presidential election in exchange for her silence about an alleged one-time sexual encounter with Trump in 2006.
Trump denies having sex with Daniels.