Trump asks Supreme Court to block sentencing in his hush money case in New York

U.S. President-elect Donald Trump has filed an application with the Supreme Court to cancel the sentencing hearing in the "hush money" case, which is scheduled to take place this Friday in New York.

Trump's lawyers filed the appeal to the U.S. Supreme Court on Wednesday (early Thursday AEST) after the New York State court refused to postpone the sentencing presided over by Judge Juan M. Merchan. Judge Merchan presided over Trump's trial last May and found him guilty of 34 felony counts of falsifying business records. Trump has consistently denied any wrongdoing.

Prosecutors are expected to respond on Thursday morning (early Friday AEST). Trump's team is seeking an immediate stay of the scheduled sentencing, arguing that it would unfairly restrict his ability to prepare for his inauguration. While Judge Merchan has indicated that he will not impose imprisonment, fines, or probation, Trump's lawyers argue that the felony conviction still carries intolerable collateral consequences.

They argue that the sentencing should be postponed so that Trump can appeal the verdict, thereby "preventing serious injustice and harm to the presidency and the functioning of the federal government."

The emergency motion was filed by lawyers John Sauer and Todd Blanche. Sauer is Trump's choice for federal affairs lawyer, responsible for representing the government in the Supreme Court, and Blanche is expected to become the number two person in the Department of Justice. They also pointed out that the Supreme Court has previously ruled that Trump and other presidents enjoy broad immunity from prosecution for actions taken during their tenure, which supports their argument that the New York State verdict against him should be overturned.

Their filing states that the New York State trial court "lacked the power to sentence and adjudge President Trump, or to take any further criminal proceedings against him, until his appeal raising a substantial claim of presidential immunity is resolved, including review by this Court if necessary."

The Republican president-elect's spokesman, Steven Cheung, said in a statement that the case was politically motivated and should be dismissed. Trump's lawyers said that Trump is also applying to the New York State Supreme Court for an emergency stay, but as of Wednesday noon (2 a.m. AEST on Thursday), the court had not received the relevant documents.

Meanwhile, the Manhattan District Attorney's Office said it would respond in court filings. The emergency motion has been submitted to Justice Sonia Sotomayor, who is responsible for hearing appeals from New York State.

Trump's conviction stems from what prosecutors allege was an attempt to conceal a $130,000 (approximately A$209,500) "hush money" payment to porn actress Stormy Daniels on the eve of the 2016 presidential election. Daniels claims she had a sexual encounter with Trump in 2006, which Trump denies.

The Supreme Court's opinion on immunity comes from a separate election interference case against him, but Trump's lawyers say it means that some of the evidence used in his "hush money" trial should have been protected by presidential immunity, including testimony from some White House aides and social media posts he made during his tenure. Judge Merchan disagreed, considering these personal matters. The Supreme Court's ruling on immunity mainly targets official acts of the president during his term.