(5MinNewsBreak.com) – Republican presidential nominee Donald Trump has requested a federal appeals court in New York to pause his sentencing related to a business records conviction.
BREAKING UPDATE: The court has postponed any sentencing in the case until November 26th, after the election.
The former president’s team is asking the court to fully consider his appeal and move the case to federal court before any other action is taken.
Trump’s lawyers argue that proceeding with sentencing could unfairly restrict his freedom, particularly as he is a major candidate in the upcoming presidential election.
This legal challenge follows a decision by a Manhattan jury in May, which found Trump guilty on all 34 counts of falsifying business records linked to payments made to former adult film actress Stormy Daniels.
Daniels has claimed she had a sexual encounter with Trump, which he has consistently denied.
Trump asserts that these charges are an attempt to disrupt his ongoing campaign to retake the presidency.
Judge Alvin Hellerstein has twice denied Trump’s request to shift the case to federal jurisdiction.
Meanwhile, Judge Juan Merchan of the New York Superior Court has set Trump’s sentencing for September 18.
Trump argues that he should not face imprisonment before the November elections.
In the filing, Trump’s attorney Emil Bove emphasized the potential for “irreparable harm” if Trump is sentenced without acknowledging the ongoing appeal and the possibility of “future federal litigation.”
Bove also stated that moving forward with the sentencing could contradict the Supremacy Clause of the U.S. Constitution, which gives federal laws precedence over state laws.
Additionally, Bove criticized Judge Hellerstein for sending the case back to Judge Merchan.
Bove argued that an administrative stay is necessary to maintain the current legal status while the appeal is considered. This is referred to as a “deeply flawed Remand Order.”
In response, Manhattan District Attorney Alvin Bragg recently urged the court to proceed with the sentencing.
He noted that Judge Hellerstein did not order the case remanded but rather rejected Trump’s attempts to transfer the case.
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