Donald Trump’s bid to delay sentencing his over hush money conviction denied by judge

A New York judge has rejected a request from US President-elect over his hush money court case, and given Mr Trump a choice to make.

A judge has rejected US President-elect Donald Trump’s request to delay sentencing in his hush money case, which is set for later this week.

Manhattan Criminal Court Judge Juan Merchan ruled last week that Mr Trump’s sentencing should go ahead on Friday despite his upcoming inauguration on January 20, rejecting his lawyer’s argument that Mr Trump’s presidential election victory should bring the case to a close.

“This Court has considered Defendant’s arguments in support of his motion and finds that they are for the most part, a repetition of the arguments he has raised numerous times in the past,” Merchan said.

“Defendant’s motion for a stay of these proceedings, including the sentencing hearing scheduled for January 10, 2025, is hereby denied,” the judge added.

Merchan has given Mr Trump the option of appearing either in person or virtually at Friday’s sentencing.

However, the judge also revealed he did not intend to order Mr Trump to spend any time behind bars, acknowledging that was no longer a “practicable recommendation” and that he would escape without punishment.

This means the 78-year-old will become the first felon to be sworn in as the president when he is inaugurated in Washington DC.

US President-elect Donald Trump during his his hush money trial on May 21, 2024, in New York City. Picture: Michael M. Santiago / Getty

Mr Trump dismissed the decision to sentence him before his inauguration as an “illegitimate political attack”.

“This illegitimate political attack is nothing but a Rigged Charade,” Mr Trump wrote on his Truth Social page.

In May last year, six months before the presidential election, the former president was convicted of 34 counts of falsifying business records to conceal a $US130,000 hush money payment to porn star Stormy Daniels.

The jury in Mr Trump’s bombshell trial accepted the case presented by the Manhattan District Attorney’s Office that he covered up the payment which he authorised to prevent Ms Daniels speaking about her claim that they had an affair on the eve of the 2016 election.

Stormy Daniels. Picture: Peacock

Mr Trump has always denied the porn star’s allegation.

The guilty verdict meant Mr Trump could have been sentenced to up to four years in prison, but Judge Merchan said on Friday (local time) that he was not intending to “impose any sentence of incarceration”.

Breaking: Justice Merchan orders Donald Trump be sentenced on Jan. 10, before his inauguration.

A stunning decision following Trump's conviction on 34 felony counts by a Manhattan jury in the hush money case and Trump's reelection to the White House. pic.twitter.com/gknGaxAwDV

— Frank G. Runyeon (@frankrunyeon) January 3, 2025

“A sentence of unconditional discharge appears to be the most viable solution to ensure finality and allow Defendant to pursue his appellate options,” he said, referring to a sentence that did not include any punishment.

In the wake of Mr Trump’s election victory over Vice President Kamala Harris, his lawyers had petitioned Judge Merchan to dismiss the case entirely, relying on a Supreme Court decision last year which granted sweeping immunity to a sitting president.

This was dismissed by the judge. The President-elect is now expected to challenge the decision, having long argued that the case against him was a political witch hunt.

“This lawless case should have never been brought and the Constitution demands that it be immediately dismissed,” his spokesman Steven Cheung said.

“There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead.”

US President-elect Donald Trump and wife Melania arrive on New Year’s Eve at his Mar-A-Lago Club in Palm Beach, Florida. Picture” Eva Marie Uzcategui / Getty

Two federal criminal cases against Mr Trump – over his effort to overturn his 2020 election defeat and his mishandling of classified files – have already been dropped in recent weeks, given the Department of Justice is unable to continue prosecuting a sitting president.

- with AFP.