Trump asks Supreme Court to block New York criminal sentencing 

President-elect Trump asked the Supreme Court to block his sentencing Friday on 34 New York felony counts of falsifying business records. 

Trump’s emergency application asks the court to prevent the hush money prosecution from moving ahead until his appeals implicating presidential immunity are resolved. 

“President Trump is currently engaged in the most crucial and sensitive tasks of preparing to assume the Executive Power in less than two weeks, all of which are essential to the United States’ national security and vital interests,” Trump’s attorneys wrote.  

“Forcing President Trump to prepare for a criminal sentencing in a felony case while he is preparing to lead the free world as President of the United States in less than two weeks imposes an intolerable, unconstitutional burden on him that undermines these vital national interests,” they added.

By default, the appeal will go to Justice Sonia Sotomayor, who handles emergency matters arising from New York. She could act on the application alone or refer it to the full court for a vote.

Sotomayor ordered prosecutors file their response to Trump by 10 a.m. EST Thursday, just less than 24 hours before the sentencing is set to begin.

In May, the New York jury found Trump guilty on all 34 counts of falsifying business records stemming from a payment made to a porn actor during his 2016 presidential campaign to cover up an alleged previous affair, which Trump denies.

It made Trump the first former president to be convicted of a felony, but he successfully delayed his sentencing until after the election. Now, he hopes to prevent it from taking place before his inauguration later this month.

The president-elect claims the historic case must be dismissed because of a twofold immunity claim. His attorneys argue the trial was tainted by evidence protected by the Supreme Court’s new immunity test for former presidents, and the prosecution must also be tossed to accommodate Trump’s status as president-elect. 

Judge Juan Merchan, who oversees the New York trial proceedings, rejected those arguments and scheduled the sentencing for Friday, just 10 days before the inauguration. The judge has said he is inclined to impose no jail time or punishment for Trump if the sentencing moves forward and will allow him to appear virtually.

Trump’s emergency appeal at the Supreme Court comes after a midlevel New York appeals court refused to block the proceeding Tuesday. Trump’s attorneys said they also will be filing with New York’s top court but are bringing it to the Supreme Court simultaneously, given the short timeframe.

“The Supreme Court’s historic decision on Immunity, the Constitution, and established legal precedent mandate that this meritless hoax be immediately dismissed,” Steven Cheung, a Trump spokesperson and his incoming White House communications director, said in a statement.  

“The American People elected President Trump with an overwhelming mandate that demands an immediate end to the political weaponization of our justice system and all of the remaining Witch Hunts,” he continued. “We look forward to uniting our country in the new administration as President Trump makes America great again.”

Manhattan District Attorney Alvin Bragg’s (D) office has also opposed delaying the sentencing, noting it was only pushed past the election at Trump’s request.  

When reached for comment, Bragg spokesperson Danielle Filson said “we will respond in court papers.”

Trump’s new filing was signed by D. John Sauer, his intended nominee to become U.S. solicitor general, who represents the administration before the Supreme Court. Sauer is one of the president-elect’s personal criminal defense attorneys and previously represented him in his presidential immunity fight before the high court.

Updated at 8:57 a.m. EST