A legal battle intensifies as President-elect Donald Trump faces a crucial moment in his New York criminal case just days before his upcoming inauguration.
According to Fox News, Associate Justice Ellen Gesmer has denied Trump's motion to stay his January 10 sentencing in the New York falsifying business records case.
The denial comes after Trump was found guilty of 34 counts of falsifying business records in May 2024, related to a $130,000 payment made to former porn star Stormy Daniels. Manhattan District Attorney Alvin Bragg's office successfully proved that Trump falsified these records to conceal the payment, which was made before the 2016 election to silence Daniels about an alleged affair in 2006.
Trump's legal team filed the motion on Monday, arguing for an immediate dismissal based on the Supreme Court's presidential immunity decision from last year. Trump spokesman and incoming White House communications director Steven Cheung framed the case as politically motivated. The defense team emphasized the need to end what they termed "political weaponization" of the justice system.
Judge Juan Merchan, who had previously set the sentencing date, had already denied an earlier request to vacate the verdict based on the same Supreme Court immunity decision. This latest denial by Associate Justice Ellen Gesmer came after what she described as extensive oral arguments and careful consideration of submitted documents.
The timing of the sentencing holds particular significance as it falls just ten days before Trump's scheduled presidential inauguration on January 20. Despite the high-stakes nature of the proceedings, Trump plans to attend the sentencing virtually rather than in person.
The Manhattan District Attorney's office built their case around the specific charge of falsifying business records, focusing on the documentation of the payment to Stormy Daniels. This case marked a significant milestone as one of several legal challenges facing the former and incoming president.
Throughout the proceedings, Trump has consistently maintained his innocence and characterized the case as an example of lawfare. His team argues that the prosecution's timing and motivation are directly linked to his political aspirations and the upcoming presidential transition.
The case's progression through the New York legal system has drawn national attention, particularly given its proximity to Trump's return to the presidency. The denial of the stay request effectively ensures the sentencing will proceed as scheduled.
Trump spokesman Steven Cheung stated:
Today, President Trump's legal team moved to stop the unlawful sentencing in the Manhattan D.A.'s Witch Hunt. The Supreme Court's historic decision on Immunity, the state constitution of New York, and other established legal precedent mandate that this meritless hoax be immediately dismissed. 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. We look forward to uniting our country in the new administration as President Trump makes America great again.
The defense strategy has consistently focused on challenging the legitimacy of the prosecution, particularly in light of Trump's status as both a former and incoming president. The legal team's arguments have emphasized constitutional questions about prosecuting a president-elect.
The timing of these proceedings has created an unprecedented situation where a president-elect faces sentencing in a criminal case just days before taking office. This has raised complex questions about the intersection of criminal justice and executive authority.
President-elect Donald Trump faces sentencing in New York on January 10 at 9:30 a.m., following his conviction on 34 counts of falsifying business records related to a payment made to Stormy Daniels. The case, prosecuted by Manhattan District Attorney Alvin Bragg's office, centers on a $130,000 payment made before the 2016 election to silence claims of an alleged affair. Despite multiple legal attempts to delay or dismiss the sentencing, including the most recent motion denied by Associate Justice Ellen Gesmer, the proceedings will move forward as scheduled, marking a significant moment in American legal and political history just days before Trump's presidential inauguration.
