NEW YORK (AP) 鈥� was denied Tuesday in his second attempt to delay this week's sentencing in his hush money case.
A New York appeals court judge swiftly rejected Trump's request for an order that would put off sentencing while he appeals a . It remains , though he can still ask other courts to intervene.
Judge Ellen Gesmer issued a one-sentence ruling after an emergency hearing in the Appellate Division of the state鈥檚 trial court. She did not give a reason for her decision. Trump did not attend the hearing.
Trump, fighting to avoid the finality of his conviction before he returns to the White House, turned to the Appellate Division after the trial judge, Juan M. Merchan, on Monday rebuffed his initial bid to indefinitely postpone sentencing.
At the emergency hearing, Trump lawyer Todd Blanche argued that Trump can鈥檛 be sentenced because, as president-elect, he enjoys the same immunity from criminal proceedings as a president.
Merchan had rejected that idea in his ruling last week and Steven Wu, arguing for the Manhattan district attorney鈥檚 office, said it flew in the face of the long-held concept of one president at a time.
Asked by Gesmer if he could cite anything to support his position, Blanche said: 鈥淭here鈥檚 never been a case like this before.鈥� But, citing a longstanding Justice Department memorandum on presidential immunity, Blanche said, 鈥渆verybody agrees that President Trump is entitled to complete immunity from any criminal process鈥� once he takes office.
Merchan has suggested he will not sentence Trump to jail time or any punishment, but Blanche said that isn't binding and asked Gesmer: 鈥淚f Judge Merchan were to sentence President Trump to 11 days in prison, would the court say, 鈥極K now we need to step in?鈥欌��
Trump, whose sentencing will be held 10 days before his inauguration, is poised to be the first president to take office convicted of crimes. If his sentencing doesn鈥檛 happen before his second term starts Jan. 20, presidential immunity could put it on hold until he leaves office.
Merchan has signaled that he is not likely to punish Trump for his conviction on and will accommodate the transition by allowing him to appear at sentencing by video, rather than in person at a Manhattan courthouse.
Still, the Republican and his lawyers contend that his sentencing should not go forward because the conviction and indictment should be dismissed. They have previously suggested taking the case all the way to the U.S. Supreme Court.
denied Trump鈥檚 request to throw out his conviction and dismiss the case because of his impending return to the White House, ruling that Trump鈥檚 current status as president-elect does not afford him the same immunity from criminal proceedings as a sitting president.
Merchan wrote that the interests of justice would only be served by 鈥渂ringing finality to this matter鈥� through sentencing. He said giving Trump what鈥檚 known as an unconditional discharge 鈥� closing the case without jail time, a fine or probation 鈥� 鈥渁ppears to be the most viable solution.鈥�
In his filing Tuesday, Blanche argued that Merchan's interpretation of presidential immunity was wrong and that it should extend to a president-elect during 鈥渢he complex, sensitive process of presidential transition.鈥�
鈥淚t is unconstitutional to conduct a criminal sentencing of the president-elect during a presidential transition, and doing so threatens to disrupt that transition and undermine the incoming president鈥檚 ability to effectively wield the executive power of the United States,鈥� Blanche wrote.
Trump鈥檚 lawyers are also challenging the judge's prior decision rejecting Trump鈥檚 argument that the case should be thrown out because of the U.S. Supreme Court鈥檚
Manhattan prosecutors have pushed for sentencing to proceed as scheduled, 鈥済iven the strong public interest in prompt prosecution and the finality of criminal proceedings.鈥�
Trump was convicted last May on charges involving an alleged scheme to hide to porn actor Stormy Daniels in the last weeks of Trump鈥檚 2016 campaign to keep her from publicizing claims she鈥檇 had sex with him years earlier. He says that her story is false and that he did nothing wrong.
The case centered on how Trump accounted for reimbursing his then-personal lawyer Michael Cohen, who had made the payment to Daniels. The conviction carried the possibility of punishment ranging from a fine or probation to up to four years in prison.
Trump鈥檚 sentencing initially was set for last July 11, then at the defense鈥檚 request. After Trump鈥檚 Nov. 5 election, Merchan so the defense and prosecution could weigh in on the future of the case.
Michael R. Sisak And Jennifer Peltz, The Associated Press
