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NY Appeals Court Rules Trump to be sentenced Friday [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2025-01-07
Trump lost his case in court to avoid being sentenced by Judge Merchan on Friday. His motion for a stay was denied.
I expect his lawyers, Todd Blanche and Emil Bove, to try and ask for an emergency hearing at the US Supreme Court. Not much time for them to act. They could issue a stay while they make up their minds. Stay tuned, literally.
In the meantime, here's a bit of what went on in court. Talking Points Memo had reporter Josh Kovensky in court.
Judge Gesmer wants to focus on immunity. She batted down Blanche after he suggested that Trump could be sentenced to a week or more of incarceration, encompassing the period between Friday and the January 20th inauguration. "I don't find the hypothetical very helpful," she said, asking him to focus on immunity.
Once again, Blanche tried to make the claim that because Trump was going to be president, that he should be immune from all criminal prosecution. Blanche also said he has no reason to believe that Judge Merchan is going to follow through on what he said about not giving Trump prison time, fines, or probation. I'm sure that the judge would have gotten upset at that, but there's no read back of it in the reporting.
Judge Gesmer emphasizes that she's not dealing with presidential immunity. Rather, she says, "I'm dealing with alleged immunity of a president elect." Blanche, then pivots. "Isn't it a huge practical obstacle to sentence Trump as he prepares to take office?" Gesmer is skeptical of that as well. Couldn't Trump "have easily had this proceeding go forward in July or September or November?"
NBC News: "This is a claim that the president elect is entitled to immunity, and there is no support for that. (The) claim is so baseless that there is no basis for any kind of stay here," said Steven Wu of the Manhattan District Attorney's office. "There is one president at a time." As president-elect he "has no viable claim of presidential immunity from ordinary criminal process," and "is not yet engaged in any presidential functions that would be disrupted by a sentencing."
AP News: ...Blanche countered that Marchan's stated plans for sentencing Trump aren't binding and don't mitigate the defense's concerns and the potential impact on his presidency. He asked Gesmer, "If Judge Merchan were to sentence President Trump to 11 days in prison coming would the court say, 'Okay, now we need to step in?'"
It still bothers me when people call him President Trump when he's not. He's an ex-president and a president-elect. It would serve Trump right if he was sentenced to jail until the inauguration.
After oral arguments, the judge quickly came to a conclusion and posted the order online in 31 minutes.
"After a consideration of the papers submitted and the extensive oral argument, movants application for a stay is denied," the order reads.
A play by play rendition by the Talking Points Memo reporter is here.
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[1] Url:
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