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Trump asks US Supreme Court to stay criminal convictions in hush money case
Donald Trump has asked the U.S. Supreme Court to stay sentencing in the financial secrecy criminal case, which is scheduled for Friday.
The last-minute filing comes after two lower courts rejected Trump's efforts to block the proceedings.
The president-elect's lawyers have now asked the nation's highest court to determine whether he is entitled to an automatic stay of his sentence while he appeals his conviction.
Allowing the conviction to proceed would cause “grave injustice and harm the institution of the presidency,” his lawyers wrote.
They argue that the case is not expected to proceed as planned until questions around presidential immunity are resolved.
Trump's lawyers asked the justices to consider “whether a sitting president's complete immunity from criminal prosecution while in office extends to the president-elect of the United States.”
Last year, the Supreme Court issued a sweeping ruling granting U.S. presidents immunity from criminal prosecution for official acts performed while in office.
Trump's lawyers have argued to a Manhattan judge and higher courts that immunity protections should also apply in his New York criminal case. They also argued that the case should be put on hold because of his imminent return to the White House.
On Wednesday, shortly after the filing, the Supreme Court gave Manhattan prosecutors until Thursday morning to respond to Trump's request.
Manhattan District Attorney Alvin Bragg said in a brief statement: “We will respond in court documents.”
Later Wednesday, Trump's lawyers also filed a request with the state to stay the conviction.
A jury unanimously found Trump guilty of 34 counts of falsifying business records in May, after a dramatic six-week trial.
The conviction stems from Trump's attempt to conceal the reimbursement of a secret $130,000 payment made to an adult film star, who said she had a prior sexual relationship with Trump.
Manhattan prosecutors argued the scheme amounted to election interference because the payment took place just days before the 2016 election and hid a potentially damaging story from voters.
Trump denies the meeting and any wrongdoing.
He was originally scheduled to be sentenced in July, but Judge Merchan granted a delay due to the presidential election. Subsequent sentencing dates in September and November were also postponed.
Trump's lawyers also tried, unsuccessfully, to have the conviction overturned entirely.
Judge Juan Merchan indicated in a recent ruling that he would not consider a prison sentence for Trump, but rather less severe penalties.
In addition to the emergency petition filed Wednesday with the Supreme Court, Trump's lawyers are also trying to block the release of a final report from U.S. Justice Department special counsel Jack Smith.
He led two federal lawsuits against Trump over accusations of interference in the 2020 election and allegations that he mishandled classified documents after leaving office.
Both cases are now defunct because Justice Department policy prevents prosecuting a sitting president, but Smith has submitted a final report to the U.S. attorney general.
Two of Trump's co-defendants in the classified documents case, Walt Nauta and Carlos De Oliveira, have appealed to block the Justice Department from making the report public.
On Tuesday, U.S. District Judge Aileen Cannon temporarily granted their request and blocked the release. They also launched a parallel appeal to a higher court.
On Wednesday, the Justice Department asked the 11th Circuit Court of Appeals to reject Messrs. Nauta and De Oliveira to block the publication of the report.
In their filing, they said U.S. Attorney General Merrick Garland plans to release the first part of the report addressing the federal election interference case.
However, they said Garland would withhold the second part of the report relating to the classified materials investigation while Trump's other two co-defendants appeal.
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