A New York appeals court judge Tuesday denied Donald Trump’s bid for an emergency order halting the president-elect’s scheduled sentencing Friday on criminal charges in the hush money case.
Justice Ellen Gesmer rejected the emergency stay request following brief arguments between Trump attorney Todd Blanche and a lawyer from the Manhattan district attorney’s office.
“There has never been a case like this,” Blanche told Gesmer at the hearing in the state Appellate Division, a midlevel appeals court.
Blanche argued that Trump is already protected by presidential immunity and “should not have to go through any legal process.”
Steven Wu of the Manhattan district attorney’s office urged Gesmer to reject the request.
“This is a claim that the president-elect is entitled to immunity, and there is no support for that,” he said, adding that the “claim is so baseless that there is no basis for any kind of stay here.”
“There is one president at a time,” Wu said.
Gesmer asked Wu about Trump’s claim that the proceeding would be disruptive to his presidential transition.
Wu responded that it would be virtual and that it would most likely take about an hour.
Blanche countered that a sentencing is “a very big deal.”
Trump is not expected to appear in person for the sentencing, according to a transition official.
If the sentencing goes forward Friday morning as scheduled, it appears that Trump will be availing himself of the virtual appearance option offered by Judge Juan Merchan, who presided over the hush money trial.
In their filing Monday, prosecutors said Trump had opted to appear virtually at his sentencing but did not state the source of that information.
Trump’s petition said the appeals court needed to grant “an immediate stay of any further criminal proceedings” in the trial court to “prevent ongoing violations of the constitutional rights of President Trump and a threatened disruption of the Presidential transition, a process that directly concerns the United States of America’s national security and vital interests.”
It contended that Trump is already protected by presidential immunity so he cannot be sentenced and that his conviction in May should be thrown out on other presidential immunity grounds.
In a brief ruling, Gesmer wrote, “After consideration of the papers submitted and the extensive oral argument, movant’s application for an interim stay is denied.”
Blanche, whom Trump has said he would nominate to be deputy attorney general, did not comment leaving court.
Merchan initially postponed Trump’s scheduled sentencing in July in the wake of the U.S. Supreme Court’s ruling setting a new standard for presidential immunity that month.
Merchan found in a ruling last month that Trump does not have immunity until he is sworn in as president. In a separate order last week, he directed Trump’s sentencing on 34 felony counts of falsifying business records to take place Friday morning and said he plans to give him an unconditional discharge. That means the conviction would stand, but he would not be subjected to any punishment.
Merchan rejected Trump’s request for a stay Monday.
Prosecutors from Manhattan District Attorney Alvin Bragg’s office said in a court filing Monday that there is no reason to delay the sentencing any longer.
The DA’s office also contended that now is “the least burdensome time” for Trump to be sentenced.
As president-elect, he “has no viable claim of presidential immunity from ordinary criminal process” and “is not yet engaged in any official presidential functions that would be disrupted by the sentencing,” they wrote.
Trump was convicted in May of falsifying records related to hush money that his then-attorney Michael Cohen paid adult film star Stormy Daniels in the closing days of the 2016 presidential election. Daniels testified she had a sexual encounter with Trump in 2006, a claim he has denied.
This article was originally published on NBCNews.com
