Former President Donald Trump attends the first day of his trial at Manhattan Criminal Court in New York City on April 15. Judge Juan Merchan poses for a picture in his chambers on March 14 in New York. (Angela Weiss/AFP via AP, POOL/AP)
TRUMP FILES MOTION TO STAY ‘UNLAWFUL SENTENCING’ IN NEW YORK CASE
Trump's lawyers, in its petition to the high court, said it should "immediately order a stay of pending criminal proceedings in the Supreme Court of New York County, New York, pending the final resolution of President Trump’s interlocutory appeal raising questions of Presidential immunity, including in this Court if necessary."
"The Court should also enter, if necessary, a temporary administrative stay while it considers this stay application," the filing states.
U.S. Supreme Court. Howard/Bloomberg via Getty Images
Merchan set the sentencing date last week but said he will not sentence the president-elect to prison.
Merchan wrote in his decision that he is not likely to "impose any sentence of incarceration," but rather a sentence of an "unconditional discharge," which means there would be no punishment imposed.
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Trump will be sworn in as the 47th President of the United States on Jan. 20.
Trump has maintained his innocence in the case and repeatedly railed against it as an example of "lawfare" promoted by Democrats in an effort to hurt his election efforts ahead of November.
Fox News' Shannon Bream and Bill Mears contributed to this report.
Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.
https://www.foxnews.com/politics/trump-files-emergency-petition-supreme-court-prevent-sentencing-ny-v-trump