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Prosecutors for the Manhattan district attorney’s office petitioned the U.S. Supreme Court on Thursday to allow President-elect Donald Trump’s sentencing to proceed on Friday as scheduled. The request follows New York Court of Appeals Associate Judge Jenny Rivera's refusal to grant Trump an emergency stay.

The filing argues that Trump cannot delay sentencing by invoking presidential immunity for past conduct or claiming protections as president-elect. Trump was convicted in May on 34 felony counts of falsifying business records related to alleged hush money payments to adult film star Stormy Daniels during his 2016 campaign.

Legal Team Denounces Immunity Claim

The district attorney’s appellate counsel, Steven C. Wu, contended in the Supreme Court filing that Trump’s claims of immunity are legally unsupported. Wu emphasized that presidential immunity applies strictly during a president's term in office.

“Trump’s assertion that future presidential immunity fully protects him now is unprecedented and unsupported by any court decision,” Wu said. “It is axiomatic that there is only one president at a time.”

Wu further argued that the public interest in sentencing Trump far outweighs his claims of harm. He noted that the trial judge, Justice Juan M. Merchan, has taken steps to minimize potential burdens on Trump as president-elect, including allowing virtual attendance at the sentencing, which is expected to last less than an hour.

Sentencing Delays Under Scrutiny

Prosecutors highlighted that the sentencing, initially scheduled for July 11, 2024, has already been delayed multiple times due to Trump’s legal maneuvers. Wu criticized the delays, stating they were “entirely a function of defendant’s repeated requests to adjourn.”

Trump’s legal team has cited the Supreme Court's July 1 ruling on presidential immunity to argue for dismissal of the charges and delay in sentencing. That decision established an expansive doctrine of presidential immunity but has not yet been interpreted to apply to presidents-elect.

Sentencing and Case Background

Justice Merchan has indicated he does not intend to impose jail time or other penalties at sentencing. Trump’s lawyers argue that even a short virtual sentencing could interfere with his duties as president-elect, but Wu dismissed this claim as lacking evidence.

Trump’s conviction stems from accusations that he orchestrated hush money payments to suppress allegations of an affair, thereby influencing the 2016 election. The Manhattan jury found Trump guilty of falsifying records to conceal the payments.

Representation and Timeline

Trump is represented by D. John Sauer, William O. Scharf, Michael E. Talent, Kenneth C. Capps, Todd Blanche, and Emil Bove. The Manhattan DA’s office is represented by Steven C. Wu, Alan Gadlin, and John T. Hughes.