A federal appeals court has rejected Donald Trump’s request to halt postconviction proceedings in his hush money criminal case, setting the stage for a key ruling and the former president's sentencing after the November election. The 2nd U.S. Circuit Court of Appeals in Manhattan denied Trump's motion for an emergency stay, citing the recent postponement of his sentencing from Sept. 18 to Nov. 26.
Trump had sought the delay in sentencing, which removed the urgency needed for the appeals court to consider pausing the proceedings. The case, which involves charges related to a $130,000 hush money payment to porn actor Stormy Daniels, was prosecuted by the Manhattan district attorney's office.
Following a federal judge's decision to keep the case in state court, Trump's lawyers had appealed to have the case moved to federal court in order to seek dismissal based on immunity grounds. The trial judge, Juan M. Merchan, announced the sentencing delay and scheduled a ruling for Nov. 12 on Trump’s request to overturn the verdict.
Merchan explained that the postponement was to ensure that the sentencing process remains free from any influence related to the upcoming presidential election, in which Trump is a candidate. Trump was convicted in May on 34 counts of falsifying business records in connection to the hush money payment made just before the 2016 presidential election.
Falsifying business records carries a maximum penalty of four years in prison, along with other potential sentences such as probation, fines, or conditional discharge. Trump has consistently denied any wrongdoing in the case, including the allegations made by Stormy Daniels.
