(NEW YORK) — A day after former President Donald Trump asked a federal appeals court for a stay that would delay the sentencing in his New York hush money case, the Manhattan district attorney’s office on Thursday asked the court to reject Trump’s request.
Trump’s longshot attempt to delay his Sept. 18 sentencing came a day after District Judge Alvin Hellerstein denied Trump’s bid to move his criminal case to federal court.
In a 28-page filing late Wednesday, Trump’s attorneys asked the United States Court of Appeals for the Second Circuit to stay Judge Hellerstein’s order — a move that would delay Trump’s criminal case, including his sentencing, from moving forward.
“Absent the requested stay, President Trump and the American people will suffer irreparable harm,” defense attorneys Emil Bove and Todd Blanche wrote.
In their filing on Thursday, prosecutors said there’s no reason for the appellate court to get involved.
“For one thing, state court is already considering defendant’s request to defer a ruling on his post-trial motion and to delay the sentencing hearing until after the election,” Steven Wu, chief of appeals in the Manhattan DA’s office, said in a letter filed to the court.
Trump’s lawyers claimed in the appeal that the former president’s case belongs in federal court because the allegations and evidence in the case relate to Trump’s official acts as president — an argument defense attorneys said was bolstered by the Supreme Court’s recent ruling on presidential immunity.
In their filing, Trump’s attorneys emphasized the “irreparable harm” of allowing the sentencing to proceed because it could result in Trump’s “unconstitutional incarceration while the 2024 Presidential election is imminent.”
“Unlawfully incarcerating President Trump in the final weeks of the Presidential election, while early voting is ongoing, would irreparably harm the First Amendment rights of President Trump and voters located far beyond New York County,” defense attorneys wrote.
Trump was found guilty in May on 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election. He has said he will appeal the decision.
On Friday, a panel of judges on the same federal appeals court is set to consider Trump’s appeal of a 2023 civil judgment that found him liable for the sexual abuse of magazine columnist E. Jean Carroll and awarded her $5 million in damages.
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