The U.S. Second Circuit Court of Appeals on Thursday denied a request from former President Donald Trump to pause his New York criminal prosecution brought by lawfare artist Manhattan District Attorney Alvin Bragg.
The federal court ruling came after pro-Democrat Judge Juan Merchan, acting justice of the New York State Supreme Court, decided to delay Trump’s sentencing until after the 2024 election, prolonging the case. Merchan is now set to reevaluate the case on Nov. 12. He then plans to sentence Trump only two weeks later on Nov. 26, nearly six months after a jury found him guilty on 34 counts of falsifying business records earlier this year. The former president faces up to 136 years in prison for these counts.
Trump asked a federal district judge to move the case out of New York state courts and into the federal system, pointing to the U.S. Supreme Court’s decision granting Trump “at least presumptive immunity” for all “official acts.” The district court rejected the request on Sept. 3, and Trump ultimately asked the Second Circuit to block that decision.
On Sept. 9, Trump’s attorneys argued to the Second Circuit that such a motion for stay was “appropriate … in order to preserve President Trump’s right under [federal statute] to a fair and orderly litigation of the Presidential immunity defense in a federal forum.”
“President Trump’s ability to seek appellate review of the district court’s ruling would be irreparably harmed, in the absence of a stay, because Justice Merchant could move forward with sentencing
