Trump's lawyers ask judge to halt Friday's hush money case sentencing while they appeal to block it

U.S. President-elect Donald Trump has asked a judge to pause his sentencing in the "hush money" case this week, while they appeal a recent ruling that upheld the conviction. Trump's lawyers said on Monday (early Tuesday AEST) they plan to ask a state appeals court to overturn Judge Juan M. Merchan's decision last week, which set the sentencing date for Friday—just over a week before he is sworn in for a second term.

In two rulings in recent weeks, Merchan rejected Trump's requests to set aside the verdict and dismiss the charges, based on claims of presidential immunity and his imminent return to the White House. In a ruling last week, the judge indicated he was unlikely to impose any punishment on the Republican, Trump, for committing 34 felony counts of falsifying business records. He allowed Trump to appear in person or virtually by video, given the needs of the transition process.

Trump's lawyers argued in court filings on Monday (Tuesday AEST) that their planned appeal to the state trial court’s appellate division would trigger what is known as an automatic stay or pause in the proceedings. They contended that if that does not happen, Merchan should pause and prevent the sentencing from proceeding as scheduled on Friday. Trump spokesman Steven Cheung said: "Today, President Trump’s legal team took action to stop the illegal sentencing in the Manhattan DA’s ‘political persecution’."

Cheung also stated: “The Supreme Court’s historic ruling on immunity, the New York State constitution, and other established legal precedent require the immediate dismissal of this baseless sham.” A message seeking comment has been left with the Manhattan District Attorney’s Office, which prosecuted the case. While Trump has claimed presidential immunity and his upcoming second term necessitate the dismissal of the verdict, Merchan wrote in a January 3 ruling that it was in the interest of justice to "finally resolve this matter" by sentencing Trump.

The judge wrote that sentencing Trump to what is called an unconditional discharge — closing the case without a jail sentence, fine or probation — "appears to be the most viable solution." Trump will have a chance to speak at the sentencing, as will his lawyers and prosecutors. Once he is sentenced, he can appeal the verdict, as he has vowed to do. Trump is expected to be the first president to take office after being convicted of a felony. He posted on social media that if the judge is allowed to uphold the ruling of the May 30 verdict, it “will be the end of the presidency as we know it.”

The charges relate to an alleged scheme to conceal "hush money" payments made to porn actress Stormy Daniels in the final weeks of Trump's 2016 campaign, to prevent her from going public with claims she had a sexual encounter with him years earlier. He has said her story is false and he did nothing wrong. At the heart of the case is how Trump handled reimbursements to his then-personal lawyer, Michael Cohen, who made the payment to Daniels. The conviction could carry a penalty ranging from a fine or probation to a maximum of four years in prison.

Cohen, a key prosecution witness, who has previously called for Trump to be jailed, said Merchan’s decision to sentence Trump without penalty “is both wise and appropriate” “based on all the circumstances involved.” Trump's sentencing was originally scheduled for July 11 last year, before being postponed twice at the request of the defense. After Trump's election on November 5, Merchan postponed the sentencing again, so that the defense and prosecution could weigh the future of the case.