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(CNN) — Lawyers for Donald Trump asked a federal appeals court on Wednesday to stop his sentencing until the judges can hear the former president’s legal argument to move the hush money case into federal court.
The last-ditch request comes after a federal judge rejected Trump’s motion to move the state case into federal court and delay the sentencing currently scheduled for September 18.
Trump’s lawyers said, “absent the requested stay, the New York County proceedings are scheduled to proceed to sentencing and ‘judgment of conviction’ on September 18, 2024 … which could result in the immediate incarceration of President Trump and irreparable harm to the impeding election before this Court has an opportunity to address the federal interests implicated by this appeal.”
Specifically, Trump’s lawyers are asking the appeals court to pause the federal judge’s ruling so the case is not sent back to the state court where Trump will be sentenced.
Trump filed a motion to appeal the decision denying the move into federal court Wednesday morning. That evening his lawyers filed motions with the federal judge and the 2nd US Circuit Court of Appeals to stay the federal judge’s ruling until the appeals court can hear an argument on the merits of moving the case to federal court. The one-two effort is Trump’s latest attempt to delay his sentencing.
Trump’s lawyers have argued the case should be moved into federal court following the Supreme Court’s decision this summer that granted immunity for some of Trump’s conduct that fell within his official powers.
Prosecutors with the Manhattan District Attorney’s Office have opposed the challenge to move the case into federal court and in a filing Thursday urged the federal appeals court to reject Trump’s effort to hold up his sentencing, saying that there is no basis for an appeal.
“As an initial matter, defendant mischaracterizes the nature of this appeal,” prosecutors wrote.
Prosecutors added that even if the appeals court would consider the request, they urge the judges to wait until Judge Juan Merchan, who presided over the trial, rules on Trump’s effort to postpone his sentencing until after the election.
Merchan could issue a decision as soon as this week.
This story has been updated with additional details.
The-CNN-Wire
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