Donald Trump must face sentencing on 34 felony convictions this Friday in New York after losing a last-minute delay bid. Legal analysts warn his team risks further complications if appeals fail, while observers note this ruling sets a historic precedent mere days before he assumes the presidency.
Trump Faces Sentencing Despite Efforts to Delay
The sentencing hearing for President-elect Donald Trump's 34 felony convictions is set for this Friday in New York, notwithstanding his best endeavors.
Since any punishment would likely conflict with his duties as commander-in-chief after his inauguration on January 20, Trump was trying to postpone his sentencing date until after that. The president-elect sought a postponement of his sentencing until January 10, but Justice Ellen Gesmer of New York's First Judicial Department's Appellate Division dismissed the request on Tuesday.
According to a thread published on Bluesky by Mitchell Epner, a former deputy U.S. attorney, Trump must now take Gesmer's ruling to the highest court in the Empire State-the New York Court of Appeals.
New York Court of Appeals Holds Key to Sentencing
If the judges on that court decide not to rule, Trump's sentence will still be given down on January 10, or they can reject his appeal.
But if the New York Court of Appeals confirms Gesmer's decision, Trump will have little choice but to rely on the US Supreme Court. Even though there is a conservative supermajority of 6-3 on the Supreme Court, Justice Sonia Sotomayor oversees the 2nd Circuit Court of Appeals, which includes New York. Sotomayor, who was nominated to the Supreme Court by Obama in 2009, is unlikely to support Trump.
New York Law Allows Sentencing Without Defendant
Epner clarified that if a defendant does not wish to appear in court, the proceedings can proceed without their presence, according to New York law.
He went on to say that Trump will have the option to appeal his 34 felony convictions that occurred while he was president, once the unconditional release sentence is in place, The Raw Story reports.
Mixed Reactions to Gesmer's Decision
On Tuesday, following U.S. District Judge Aileen Cannon's "crazy" order, former Watergate prosecutor Jill Wine-Banks hailed Justice Gesmer's decision as "excellent news." Trump appointee Cannon is preventing special counsel Jack Smith from releasing his final report that summarizes the president-elect's two investigations.
A political science professor at Northeastern Illinois University named William Adler made the astute observation that Cannon would obstruct Trump's sentencing, and he quipped, "yes I know it's a NY state case and she's in Florida, you think she cares?"
Time Runs Short for Federal Court Intervention
Trump might have asked the federal court to postpone his sentencing, according to historian Varad Mehta, but with the deadline looming on the horizon (only three days away), he might not have had enough time.
"Onto the NY Court of Appeals," Mehta tweeted. "And while they're at it, Trump's lawyers should finally be filing in federal court to stop this. It's a colossal mistake for them not to have done so already, but better late than never."
Rescheduled Sentencing Reflects Lengthy Legal Maneuvers
It was originally planned that Merchan would hand down Trump's punishment in July, following his conviction on all 34 felony counts of manipulating corporate paperwork last May. But he decided to consider the implications of the Supreme Court's ruling to provide Trump wide criminal immunity for all official conduct on his convictions, so he rescheduled his sentencing for September.
Once again, sentencing was postponed until after the November election, and then again to January 10, 2025.
Unconditional Release Expected Despite Felony Convictions
Trump, who faces a maximum sentence of 20 years in prison for 34 offenses, will not actually serve any time behind bars because Merchan has indicated that he will impose an unconditional release term. Trump will formally become the first convicted felon to serve as president of the United States, however this assumes the January 10 sentencing date remains unchanged.
