Trump files appeal of his sentencing date after late-night rage posts

By: Sarah K. Burris Jan 06, 2025 10:28AM ET

Sarah K. Burris

Sarah Burris is a long-time veteran of political campaigns, having worked as a fundraiser and media director across the United States. She transitioned into reporting while working for Rock the Vote, Future Majority and Wiretap Magazine, covering the Millennial Generation's perspective during the presidential elections. As a political writer, Burris has had bylines at CNN, Salon.com, BNR, and AlterNet and serves as a senior digital editor for RawStory.com.

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Donald Trump spent the weekend raging over his sentencing in a New York City court on Friday. Now, his lawyers are desperately trying to delay again.

The filing begins by saying that Judge Juan Merchan ignored Trump's Dec. 16 filing in which he asserted he has absolute immunity thanks to the U.S. Supreme Court through "established law and jurisprudence." Trump wasn't given absolute immunity, however, given that the crimes he was convicted of committing occurred before he became president in 2017.

Trump's team also argued that all proceedings should be stayed.

"Due to the fact that further criminal proceedings are automatically stayed by operation of federal constitutional law, the Court will lack authority to proceed with sentencing and must, therefore, immediately vacate the sentencing hearing scheduled for January 10, 2025," they argued.

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There are no laws that stay criminal proceedings. However, an Office of Legal Counsel opinion says a sitting president should not face a criminal trial while in office. Trump will not be president on Jan. 10.

When Judge Merchan announced the sentencing date, he made it clear that Trump's delays prevented the timeline from unfolding, which would have made for a more timely sentencing.

Merchan said in his motion that Trump will not be sentenced to jail on Jan. 10 and said he could appear in court virtually if desired.

Read the full filing here.