Donald Trump sentencing to go ahead Saturday as delay bid fails

A federal judge also blocked the release of special counsel Jack Smith’s report on Donald Trump, while the president-elect’s separate bid to delay his hush-money sentencing has failed.

Donald Trump is to be sentenced for covering up hush money payments to Stormy Daniels on Saturday (AEDT). Picture: AFP.

A federal judge has barred the Justice Department from releasing special counsel Jack Smith’s report on his investigation into Donald Trump, while a New York appeals judge denied the president-elect’s separate bid to delay his coming criminal sentencing for covering up hush money paid to an adult-film star.

In the Smith case, US District Judge Aileen Cannon in Florida issued an order preventing the Justice Department from “releasing, sharing, or transmitting” the special counsel’s final report or otherwise distributing information or conclusions from the document while an appeals court considers the matter.

Cannon, a Trump appointee, previously tossed Smith’s prosecution of the former president on allegations that he mishandled classified documents after he left office. Smith had been appealing that ruling and separately prosecuting Trump in Washington on allegations that he unlawfully interfered with the 2020 election. The special counsel dropped both efforts after Trump won in November, in light of a Justice Department policy against prosecuting a sitting president.

In New York, Justice Ellen Gesmer held an afternoon hearing Tuesday on whether Trump’s hush-money sentencing, set for Friday (Saturday AEDT), could go forward. Shortly after the hearing concluded, she issued a one-sentence order rejecting Trump’s request to stop the proceedings on the grounds of presidential immunity.

“Do you have any support for the notion that presidential immunity extends to presidential elects?” Gesmer asked Trump lawyer Todd Blanche during the hearing.

“There has never been a case like this before, so no,” Blanche replied. Steven Wu, a lawyer for the Manhattan district attorney’s office, called Trump’s arguments baseless. “The theory of president-elect immunity is inconsistent with the idea that there is one president at a time,” he told the judge.

The fast moving proceedings come as courts and prosecutors are scrambling to wrap up their unprecedented cases against Trump before Inauguration Day.

In the federal matters, Smith was finalising a report on his investigation, which he is required to submit to Attorney-General Merrick Garland under Justice Department regulations. And Garland had previously indicated that he would make it public.

Trump and his co-defendants in the documents case, Walt Nauta and Carlos De Oliveira, have been seeking to block the report’s release. Trump’s lawyers in a Monday letter to Garland called the report a political stunt.

They also called for Garland to remove Smith as special counsel. Among the letter’s signatories were lawyers Trump has picked for top Justice Department posts, including Blanche, his choice for deputy attorney general.

“Releasing Smith’s report is obviously not in the public interest – particularly in light of President Trump’s commanding victory in the election and the sensitive nature of the ongoing transition process,” Trump’s lawyers wrote.

A Justice Department spokeswoman declined to comment.

Smith’s team, in a court filing Tuesday, said it was working to finalise a two-volume report and that, if Garland released it, that wouldn’t happen before Friday. A more detailed response from Smith is expected later Tuesday.

In the New York case, a jury last year convicted Trump of 34 felonies for covering up hush money paid to a porn star on the eve of the 2016 election.

In a surprise ruling last week, Justice Juan Merchan, who presided over the trial, said he would sentence Trump before the start of his second term, but made clear that jail time wasn’t a possibility. Merchan on Monday declined to postpone the sentencing, prompting Trump’s lawyers to ask a state appeals court to intervene.

It wasn’t immediately clear what legal options Trump may have remaining to try to head off Friday’s proceedings.

Dow Jones