Article by Brooke Singman, Fox News

President-elect Donald Trump is set to be sentenced in New York v Trump on Jan 10

Image Courtesy of AP

President-elect Donald Trump filed an emergency petition to the United States Supreme Court Wednesday morning in an effort to block his sentencing in New York v. Trump. 

Judge Juan Merchan set Trump’s sentencing in New York v. Trump for Jan. 10 after a jury found the now-president-elect guilty of falsifying business records in the first degree, stemming from Manhattan District Attorney Alvin Bragg’s investigation. Trump pleaded not guilty to all charges and has appealed the ruling but was rejected last week by Merchan. 

“President Trump’s legal team filed an emergency petition with the United States Supreme Court, asking the Court to correct the unjust actions by New York courts and stop the unlawful sentencing in the Manhattan D.A.’s Witch Hunt,” Trump spokesman and incoming White House communications director Steven Cheung told Fox News Digital. 

“The Supreme Court’s historic decision on Immunity, the Constitution, and established legal precedent mandate that this meritless hoax be immediately dismissed.” 

Cheung said the “American People elected President Trump with an overwhelming mandate that demands an immediate end to the political weaponization of our justice system and all of the remaining Witch Hunts.” 

He added, “We look forward to uniting our country in the new administration as President Trump makes America great again.”

Trump’s lawyers, in their petition to the high court, said it should “immediately order a stay of pending criminal proceedings in the Supreme Court of New York County, New York, pending the final resolution of President Trump’s interlocutory appeal raising questions of Presidential immunity, including in this Court if necessary.” 

“The Court should also enter, if necessary, a temporary administrative stay while it considers this stay application,” the filing states. 

Trump’s attorneys also argued that New York prosecutors erroneously admitted extensive evidence relating to official presidential acts during trial, ignoring the high court’s ruling on presidential immunity. 

The Supreme Court, earlier this year, ruled that presidents are immune from prosecution related to official presidential acts. 

Trump’s legal team is arguing Merchan should not be permitted to move any further and said their appeal of the ruling “will ultimately result in the dismissal of the District Attorney’s politically motivated prosecution that was flawed from the very beginning, centered around the wrongful actions and false claims of a disgraced, disbarred serial-liar former attorney, violated President Trump’s due process rights, and had no merit.” 

“In the meantime, the New York trial court lacks authority to impose sentence and judgment on President Trump—or conduct any further criminal proceedings against him—until the resolution of his underlying appeal raising substantial claims of Presidential immunity, including by review in this Court if necessary,” the filing states. “As discussed herein, this Court should order an immediate stay of criminal proceedings against President Trump in the New York trial court, including but not limited to the criminal sentencing hearing scheduled for January 10, 2025, at 9:30 a.m.” 

New York has to file a written response by Thursday at 10:00 a.m. 

The filing to the United States Supreme Court comes after a judge in New York on Tuesday denied Trump’s motion to stay the Jan. 10 sentencing, which is currently set for Friday, Jan. 10 at 9:30 a.m.  

Merchan set the sentencing date last week but said he will not sentence the president-elect to prison. 

Merchan wrote in his decision that he is not likely to “impose any sentence of incarceration,” but rather a sentence of an “unconditional discharge,” which means there would be no punishment imposed. 

Trump will be sworn in as the 47th president of the United States on Jan. 20. 

Trump has maintained his innocence in the case and repeatedly railed against it as an example of “lawfare” promoted by Democrats in an effort to hurt his election efforts ahead of November.