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Forbes
Forbes
7 Jan 2025


President-elect Donald Trump’s criminal sentencing will take place on Friday as scheduled, as a New York appeals court shot down Trump’s request to pause the sentencing Tuesday as the president-elect challenges the verdict against him.

Donald Trump raises fist at Hush Money Trial

Former President Donald Trump returns to the courtroom for his criminal trial at Manhattan Criminal ... [+] Court on May 28, 2024 in New York City.

Getty Images

A New York appeals court judge denied Trump’s request to pause all proceedings in his Manhattan criminal case, as he tries to convince an appeals court that the guilty verdict against him—on 34 felony counts of falsifying business records—should be thrown out.

The ruling means that Trump’s sentencing will take place at 9:30 a.m. EST as previously scheduled, despite the president-elect’s effort to halt it.

Trump has argued that his impending presidency should nullify the proceedings against him and that he should be immune from the charges against him under the Supreme Court’s ruling giving him some immunity from criminal charges—which Judge Juan Merchan, who oversaw his trial, has already rejected.

The appeals court’s ruling came after a hearing on Tuesday in Manhattan, in which Trump’s lawyers argued the case should be paused because Trump also has immunity as the president-elect, also claiming Merchan’s rulings upholding the verdict are “causing ongoing, irreparable harm by depriving President Trump of his constitutional rights.”

The appeals court has not yet issued a ruling explaining its decision to let the sentencing go forward, only noting that Trump’s request to pause proceedings was denied “after consideration of the papers submitted and extensive oral argument.”

Merchan has already indicated he doesn’t want to impose many—if any—penalties on Trump at his sentencing Friday, saying in a ruling last week he was inclined to give the president-elect an “unconditional discharge.” That would mean Trump would still be sentenced and the case against him won’t be dropped, but he won’t face any penalties. Even if that doesn’t happen, Merchan has also said he doesn’t intend to sentence Trump to prison—as he could, under the statute Trump was charged under—given that it wouldn’t be “practicable” with Trump’s presidency. If the judge does impose any penalties, he could fine Trump up to $170,000, based on a maximum $5,000 for each of the 34 counts he faces, and could impose other measures like probation, though those are less likely given the logistical issues with Trump’s presidency.

This story is breaking and will be updated.