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Attorneys for President-elect Donald Trump filed an emergency application with the U.S. Supreme Court late Tuesday in hopes of blocking the Republican’s sentencing by Biden donor Judge Juan M. Merchan in the case New York v. Trump.

The emergency application requested that the justices order a stay of the criminal proceedings in the Supreme Court of New York pending the final resolution of the Republican’s appeal concerning questions of presidential immunity. Five justices must be onboard to grant a stay.

The application, which the New York Times
noted came after a New York appeals court rejected a nearly identical request Tuesday, also asked that the justices consider whether “the trial court’s admission and use of evidence of President Trump’s official acts in a state-court jury trial on criminal charges violated the doctrine of Presidential immunity recognized in Trump v. United States,” and whether a sitting president’s immunity from criminal prosecution during his term extends to the president-elect between the time of his election and his inauguration.

Blaze News
previously reported that a panel of 12 jurors in the predominantly Democratic state found Trump guilty in May on all 34 counts of falsifying business records, which were filed by Manhattan District Attorney Alvin Bragg in 2023. The prosecution accused the then-Republican presidential candidate of marking payments made to his former personal attorney, Michael Cohen, as legal expenses in an effort to hide a $130,000 settlement payment Cohen made to porn actress Stormy Daniels to keep mum about an alleged affair with the president.

When delivering jury instructions, the Democratic judge told the panel they did not have to agree on the “unlawful means” in order to render a unanimous guilty verdict against Trump.

Legal expert Jonathan Turley explained in a post on
X at the time, “Merchan just delivered the coup de grace instruction. He said that there is no need to agree on what occurred. They can disagree on what the crime was among the three choices. Thus, this means that they could split 4-4-4, and he will still treat them as unanimous.”

Trump’s sentencing was initially scheduled for July 11, 2024, but the Associated Press
noted it was postponed twice at the defense’s request. The sentencing was delayed again after Trump’s landslide electoral victory in November so that the prosecution could contemplate the future of the case.

Merchan finally
announced on Friday that Trump would be sentenced on Jan. 10, signaling that he would issue an “unconditional discharge,” meaning the case would be closed without prison time, a fine, or probation.

Trump responded to Merchan’s announcement with a series of posts on Truth Social, noting in one, “I never falsified business records. It is a fake, made up charge by a corrupt judge who is just doing the work of the Biden/Harris Injustice Department, an attack on their political opponent, ME! He created a case where there was none.”

“I was hiding nothing, everything was out in the open for all to see. Every legal scholar of note said there IS NO CASE AGAINST ME. The judge should be disbarred! This is why people, and companies, are FLEEING New York – A corrupt court system,” continued Trump.

Republicans on the House Committee on the Judiciary said of Merchan’s announcement, “Absolutely preposterous lawfare. Judge Merchan is a disgrace to the bench.”

Trump’s emergency application filed Tuesday said the Supreme Court “should enter an immediate stay of further proceedings in the New York trial court to prevent grave injustice and harm to the institution of the Presidency and the operations of the federal government.”

“This appeal will ultimately result in the dismissal of the District Attorney’s politically motivated prosecution that was flawed from the very beginning, centered around the wrongful actions and false claims of a disgraced, disbarred serial-liar former attorney, violated President Trump’s due process rights, and had no merit,” continued the filing. “In the meantime, the New York trial court lacks authority to impose sentence and judgment on President Trump — or conduct any further criminal proceedings against him — until the resolution of his underlying appeal raising substantial claims of Presidential immunity, including by review in this Court if necessary.”

According to the Times, the Supreme Court directed prosecutors to respond to the emergency application by Thursday morning — a possible sign the high court may take action prior to Merchan’s planned sentencing on Friday.

Should the Supreme Court grant a stay of Trump’s sentencing, Merchan will be precluded from sentencing Trump for the next four years.

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