Trump Seeks Stay from Federal Appeals Court in Hush Money Sentencing Case

Former President Donald Trump has filed a motion with a federal appeals court requesting a stay that would delay the sentencing in his New York hush money case, which is currently set for September 18.

This effort to delay the sentencing follows District Judge Alvin Hellerstein’s recent ruling, which rejected Trump’s request to move his criminal case to federal court.

In a 28-page brief submitted late Wednesday, Trump’s legal team appealed to the United States Court of Appeals for the Second Circuit, seeking a stay of Judge Hellerstein’s order. This would effectively postpone the progress of Trump’s criminal case, including the upcoming sentencing.

Defense attorneys Emil Bove and Todd Blanche argued that without the stay, both Trump and the American public could face irreparable harm.

They contended that the former president’s case should be tried in federal court, asserting that the allegations and accompanying evidence pertain to Trump’s actions while in office. They claimed this argument was strengthened by the Supreme Court’s recent ruling regarding presidential immunity.

In their submission, Trump’s attorneys highlighted the potential irreversible damage that could result from moving forward with the sentencing. They expressed concern that it could lead to Trump’s “unconstitutional incarceration,” especially with the 2024 Presidential election approaching.

Defense attorneys warned that unlawfully incarcerating Trump in the crucial final weeks of the election could severely impair not only his First Amendment rights but also the voting rights of individuals across the nation, far beyond just New York County.

Previously, Trump raised a similar argument during proceedings with Judge Hellerstein, who did not grant his request. Legal analysts commonly agree that Trump will likely not be required to serve any sentence until after the election events have concluded.

In related proceedings, later this week, a panel of judges within the same federal appeals court is scheduled to review Trump’s appeal regarding a 2023 civil judgment. This judgment ruled that he was liable for sexual abuse against columnist E. Jean Carroll, resulting in a $5 million award for damages.