ANew York appeals court judge has denied US President-elect Donald Trump’s latest bid to delay this week’s sentencing in his hush money case.
In a one-sentence ruling following an emergency hearing, Judge Ellen Gesmer denied Mr Trump’s request for an immediate order that would spare him from being sentenced while he appeals against Judge Juan M Merchan’s decision last week to uphold the historic verdict.
It was the second time in two days that Mr Trump was denied.
Mr Trump went to the Appellate Division of the state’s trial court a day after Judge Merchan rebuffed his initial bid to indefinitely postpone sentencing.
Mr Trump’s sentencing remains on schedule for Friday, though he can still ask other courts to intervene.
At an emergency hearing, Trump lawyer Todd Blanche argued that Mr Trump cannot be sentenced because, as president-elect, he enjoys the same immunity from criminal proceedings as a president.
Judge Merchan had rejected that idea in his ruling last week and Steven Wu, arguing for the Manhattan district attorney’s office, said it flew in the face of the long-held concept of one president at a time.
Asked by Judge Gesmer if he could cite anything to support his position, Mr Blanche said: “There’s never been a case like this before.”
But, citing a longstanding Justice Department memorandum on presidential immunity, Mr Blanche said “everybody agrees that President Trump is entitled to complete immunity from any criminal process” once he takes office.
Mr Trump did not attend the hearing.
Mr Trump, less than two weeks from his inauguration, is poised to be the first president to take office convicted of crimes. If his sentencing does not happen before his second term starts January 20, presidential immunity could put it on hold until he leaves office.
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