President-elect Donald Trump asked the Supreme Court Wednesday to halt his criminal proceedings in New York, two days before his scheduled sentencing by New York State Supreme Court Judge Juan Merchan.
Mr. Trump wants the justices to order the New York court to hold off on the sentencing while he appeals the trial judge’s decision that presidential immunity from the case did not apply. He says the New York court wrongly denied his motion to dismiss the case.
“This Court should enter an immediate stay of further proceedings in the New York trial court to prevent grave injustice and harm to the institution of the Presidency and the operations of the federal government,” his filing read.
Mr. Trump’s lawyers argue presidential immunity applies to the case because prosecutors used evidence related to the president’s official acts.
They say the high court’s ruling last year that a president is absolutely immune from core presidential functions and presumed immune from other official acts, while not immune from unofficial acts, applies to the state criminal prosecution.
Mr. Trump is scheduled to be sentenced on Friday at 9:30 a.m.
A Manhattan jury convicted the former president in May of falsifying business records in an attempt to hide hush money payments to porn actress Stormy Daniels.
The conviction of Mr. Trump is historic — the first time a former president has faced criminal charges that have gone to trial. He was found guilty of all 34 counts.
The justices asked for a response from the New York prosecutors by Thursday at 10 a.m., roughly 24 hours before the sentencing is set to take place.
Mr. Trump is seeking redress from the highest federal court after striking out with the New York courts. Judge Merchan denied his request for a stay of the sentencing pending further appeals, and a state appellate judge on Tuesday said she saw no compelling reason to postpone Mr. Trump’s sentencing.
Time is of the essence.
While Judge Merchan said he would not impose jail time on the president-elect, Mr. Trump is furious that he will face a criminal judge 10 days before his inauguration in Washington.
Mr. Trump’s attorneys said the request for a stay is a routine practice when there are pending appeals, “rendering the New York courts’ refusal to stay proceedings all the more astonishing and unlawful.
Special counsel Jack Smith moved to dismiss two federal probes against Mr. Trump before he takes office, citing Department of Justice precedent that says sitting presidents shouldn’t face criminal prosecution.
Mr. Trump’s situation in New York is different because he’s been convicted by a jury and would be president-elect — not president — if sentencing proceeds on Friday.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.