CNN
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Donald Trump’s lawyers on Wednesday asked a federal appeals court to halt sentencing until a judge hears the former president’s legal arguments to move the hush money lawsuit to federal court.
The last-minute request came after a federal judge denied Trump’s motion to transfer the state case to federal court and delay a ruling currently scheduled for September 18.
“Without the requested stay of execution, the New York County trial is scheduled to proceed to sentencing and ‘conviction’ on September 18, 2024…The result would be immediate incarceration of President Trump, potentially causing irreparable harm to the impending election, before this Court has an opportunity to address the federal interests at stake in this appeal,” Trump’s lawyers wrote.
Specifically, Trump’s legal team is asking the appeals court to suspend the federal judge’s ruling and prevent the case from being sent back to the state court where Trump will be sentenced.
Trump filed an appeal of the decision to deny the case to federal court on Wednesday morning. That same evening, Trump’s lawyers petitioned a federal judge and the Second Circuit Court of Appeals to delay the federal judge’s ruling until the appeals court has heard arguments on whether to transfer the case to federal court. The move is Trump’s latest attempt to delay the ruling.
Trump’s legal team has argued that the case should be transferred to federal court after the Supreme Court ruled this summer that Trump should be granted immunity from prosecution for some acts that fell within the scope of his official duties.
Prosecutors from the Manhattan district attorney’s office are fighting a challenge to move the case to federal court, and they have said they will defer to the judge’s ruling on Trump’s attempt to delay a ruling until after the election.
Presiding judge Juan Merchan could rule as early as this week.
This story has been updated with additional details.