President-elect Donald Trump has asked a New York judge to stay ruling in the illicit money case, a case Scheduled for January 10.
His lawyers announced on Monday that Trump would appeal the decision of Judge Juan Merchan, who ordered the sentence to continue.
In court filings, Trump's lawyers wrote that they would seek to “dismiss this politically motivated prosecution that was flawed from the beginning.”
Trump was convicted of 34 felony counts of falsifying business records in May 2024, making him the first former president to be convicted of a crime.
The charges stemmed from Trump's attempt to hide hush hush money refunds to an adult movie star as legal expenses.
Trump has pleaded not guilty and denied any wrongdoing.
His lawyers said filing the appeal should halt criminal proceedings in his case in New York.
Sentencing has been repeatedly delayed by the 2024 presidential election and Trump's attempt to throw out the case based on a claim of presidential immunity. Ultimately, Judge Merchan rejected the immunity argument in December.
On January 3, Judge Merchan issued an order saying he would move forward with sentencing before Trump takes office, but wrote that he would not consider any prison sentence.
Trump was ordered to attend the session virtually or in person.
“The American people elected President Trump with an overwhelming mandate demanding an immediate end to the political weaponization of our justice system and all remaining witch hunts,” said Stephen Cheung, Trump's presidential transition spokesman.
A spokesman for the Manhattan District Attorney's Office said it intends to file a response with the court.
The weeks after the election saw a flurry of legal briefs from Manhattan District Attorney Alvin Bragg, who brought the case, and Trump's legal team.
Bragg's office indicated that they would not oppose postponing Trump's sentencing until after the end of his term in office, meaning four years from now.
But Justice Merchan wrote that “this court has a firm belief that the existing legal impasses will only be resolved by reaching a final resolution of this matter.”
However, the judge left open the possibility that Trump could seek to appeal the ruling, writing that he “should be allowed the benefit of every available appeal.”
