A New York judge refused Monday to delay President-elect Donald Trump’s criminal sentencing, setting up a last-minute battle in the appeals courts for a reprieve before the inauguration.
State Supreme Court Judge Juan Merchan issued a two-page order denying Mr. Trump’s request to stay the Friday sentencing.
Defense attorney Todd Blanche wanted a postponement because he is appealing Judge Merchan’s refusal to dismiss the case based on Mr. Trump’s status as president-elect and a Supreme Court ruling on presidential immunity for “official acts.”
“This court has considered defendant’s arguments in support of his motion and finds that they are, for the most part, a repetition of the arguments he has raised numerous times in the past,” the judge wrote. “Further, this court finds that the authorities relied upon in the instant motion by the defendant are for the most part, factually distinguishable from the actual record or legally inapplicable.”
Judge Merchan recently signaled he wants to sentence Mr. Trump before the inauguration but would not impose jail time.
Mr. Trump fumed over the decision to proceed with the case and called for the judge to be disbarred.
His attorneys will seek a last-minute halt to the proceedings in the appellate courts. If they do not succeed, Mr. Trump will face the ignominy of a virtual or in-person sentencing on Friday — 10 days before he returns to the White House.
At trial, prosecutors said Mr. Trump criminally concealed a hush-money payment to adult film star Stormy Daniels around the 2016 campaign with an intent to violate election laws.
They said Mr. Trump paid Ms. Daniels through Michael Cohen and concealed reimbursements to the lawyer in 2017 by misidentifying checks.
Mr. Trump’s lawyers said he was busy running the country and thought he was paying Mr. Cohen for legal services, so his team logged the checks in that manner. They also said the trial was politically motivated and designed to thwart Mr. Trump’s presidential campaign.
A jury convicted Mr. Trump of 34 felony counts of falsifying business records.
Liberal opponents of the president-elect had hoped his legal troubles would sink him. Instead, Mr. Trump seemed to thrive from the adversity and won the GOP primary and general election against Vice President Kamala Harris.
Special counsel Jack Smith moved to dismiss federal cases against Mr. Trump, and a Georgia racketeering case against Mr. Trump is in limbo due to a conflict of interest concerning Fulton County District Attorney Fani Willis.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.