New York’s top court denies Trump’s bid to halt sentencing

NEW YORK: New York’s top court rejected on Thursday Donald Trump’s request to halt the president-elect’s sentencing for his conviction on criminal charges stemming from hush money paid to a porn star, with a decision on a possible delay now in the hands of the US Supreme Court.

The state court’s decision was a setback for Trump, who now must pin his hopes of freezing the case on the nation’s top judicial body, where his lawyers have made a similar emergency bid to avoid the sentencing, set for Friday at 9:30 am (1430 GMT) in a Manhattan court.

Manhattan prosecutors made a filing at the Supreme Court on Thursday morning, opposing Trump’s bid for a stay.

“Defendant now asks this court to take the extraordinary step of intervening in a pending state criminal trial to prevent the scheduled sentencing from taking place - before final judgment has been entered by the trial court, and before any direct appellate review of defendant’s conviction. There is no basis for such intervention,” Manhattan District Attorney Alvin Bragg’s office wrote in a filing.

The sentencing is set for 10 days before Trump is due to be sworn in for his second term as president. Any substantial delay would likely mean Trump would not be sentenced before his Jan. 20 inauguration.

The Supreme Court could place an administrative pause on Trump’s sentencing, which would give the nine justices additional time to consider his request to halt his case, or it could formally grant or deny his request. It is also possible the justices do not act before the sentencing.

The trial judge in Trump’s case, Justice Juan Merchan, said last week he was not inclined to sentence the Republican president-elect to prison and would likely grant him unconditional discharge. This would place a guilty judgment on Trump’s record, but would not impose custody, a fine or probation.

Trump in a Supreme Court filing made public on Wednesday asked for proceedings in the case to stop as he seeks an appeal to resolve questions of presidential immunity following the Supreme Court’s ruling last July that granted former presidents broad immunity from criminal prosecution for their official acts.

“This appeal will ultimately result in the dismissal of the District Attorney’s politically motivated prosecution that was flawed from the very beginning,” Trump’s lawyer John Sauer wrote in the filing.

Sauer is Trump’s pick to serve as US solicitor general, the government’s chief lawyer at the Supreme Court.

Trump was found guilty last May of 34 counts of falsifying business records to cover up a $130,000 payment to porn star Stormy Daniels in exchange for her silence before the 2016 US election about a sexual encounter she has said she had with Trump a decade earlier, which he has denied. Prosecutors have said the payment was designed to help Trump’s chances in the 2016 election, when he defeated Democrat Hillary Clinton.