NY appeals court denies Trump request to pause Bragg case, after judge moves sentencing until after election

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NY v. Trump sentencing delayed until after election

Fox News correspondent Nate Foy has the latest on NY v. Trump on 'America Reports.'

A New York appeals court on Thursday denied former President Trump’s request to pause his criminal case stemming from Manhattan District Attorney Alvin Bragg’s investigation. 

The 2nd Circuit Court of Appeals said in a filing that Trump’s motion for an emergency administrative stay in New York v. Trump is denied, following Judge Juan Merchan’s decision to delay the former president’s sentencing until after the presidential election. 

TRUMP REACTS TO SENTENCING DELAY IN BRAGG CASE, SAYS CASE 'SHOULD BE DEAD'

Trump’s sentencing was set for Sept. 18, but Merchan granted the former president’s request to move that date until late November — Nov. 26. 

This week, Trump’s attorneys, in a letter to the 2nd Circuit Court of Appeals, asked for the case to be paused, arguing that there was not enough time between the court’s Nov. 12th presidential immunity ruling and the Nov. 26th sentencing to allow for appeal. 

Bragg’s office said a pause would be "legally unavailable" and "unnecessary in light of the state criminal court’s adjournment of the sentencing. They also argued there is time for Trump to appeal the presidential immunity decision before sentencing. 

Trump's initial sentencing was set for July 11 — just days before the Republican National Convention, where he was set to be formally nominated as the 2024 GOP presidential nominee, but Judge Juan Merchan agreed to delay that until Sept. 18. 

Former President Trump and Manhattan District Attorney Alvin Bragg. (Emily Elconin/Michael M. Santiago/Getty Images)

Trump requested the sentencing be moved until after Election Day, citing "naked election-interference objectives." 

Merchan granted that request last week, pushing the sentencing date "if necessary" to Nov. 26. 

Trump has appealed the verdict, after pleading not guilty to all charges. Trump attorney Todd Blanche said the verdict should be overturned based on the Supreme Court's ruling on presidential immunity, granting presidents limited immunity for official acts.

Judge Merchan will also now make a decision on Nov. 12 on Trump's motion to vacate.

JUDGE MERCHAN DELAYS TRUMP SENTENCING UNTIL AFTER ELECTION

Blanche also pointed to Merchan’s daughter’s work at Authentic Campaigns, which represents top Democratic candidates. 

In his arguments for dismissal, Blanche argued that Bragg offered official acts as evidence during the six-week-long unprecedented criminal trial. Blanche said that included official White House communications with staffers like Hope Hicks, Madeleine Westerhout and others. 

The Supreme Court ruled in Trump v. United States that a former president has substantial immunity from prosecution for official acts in office but not for unofficial acts. The high court said Trump is immune from criminal prosecution for "official acts" but left it to the lower court to determine exactly where the line between official and unofficial is.

Trump spoke exclusively with Fox News Digital after Merchan granted the former president’s request to have his sentencing delayed until after the presidential election in November. 

"The case was delayed because everyone realizes there was no case and I did nothing wrong," Trump told Fox News Digital. "It is a case that should never have been brought." 

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Trump said "the public understands that and so does every legal scholar that has looked at it and studied it." 

"I greatly respect the words ‘if necessary’ being used in this decision because there should be no, ‘if necessary,’" Trump said. "The case should be dead."

Trump was referring to a section of Merchan's letter Friday, in which he notifies Trump attorneys of the delay, and says that "the sentencing on this matter, if necessary, is adjourned to November 26, 2024 at 10am." 

Merchan also said Friday the "public's confidence in the integrity of our judicial system demands a sentencing hearing that is entirely focused on the verdict of the jury and the weighing of aggravating and mitigating factors free from distraction or distortion."

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Trump was found guilty in an unprecedented criminal trial on all 34 counts of falsifying business records in the first degree after a six-week trial stemming from Manhattan District Attorney Alvin Bragg's investigation.

Steven Cheung, a Trump campaign spokesperson, told Fox News Digital, "There should be no sentencing in the Manhattan DA’s election interference witch hunt. As mandated by the United States Supreme Court, this case, along with all of the other Harris-Biden hoaxes, should be dismissed."