“Your proposed order to show cause was reviewed by Judge Rivera, who declined to sign the order. As a result of the Judge’s determination, no motion is pending in the above titled at the Court of Appeals.”
The New York Court of Appeals, the highest court in the state, has denied Trump’s request to halt his sentencing in the falsified business records case. His sentencing is scheduled for Friday, and Trump has also requested the Supreme Court halt the sentencing.
In the two-sentence letter to Trump to Trump’s attorney, Chief Clerk Heather Davis wrote, "Your proposed order to show cause was reviewed by Judge Rivera, who declined to sign the order. As a result of the Judge’s determination, no motion is pending in the above titled at the Court of Appeals."
Trump filed the request with the New York Court of Appeals on Wednesday, the same day he filed his request with the Supreme Court. Ina. Thursday morning filing, prosecutors argued that the President-elect’s arguments to halt sentencing were "utterly baseless," ABC News reported.
"The President-elect is, by definition, not yet the President," the filing stated. "The President-elect therefore does not perform any Article II functions under the Constitution, and there are no Article II functions that would be burdened by ordinary criminal process involving the President-elect."
Trump is scheduled to be sentenced on Friday morning. Judge Juan Merchan has said that Trump can appear virtually for the hearing, and wrote that "it seems proper at this juncture to make known the Court's inclination to not impose any sentence of incarceration, a sentence authorized by the conviction but one the People concede they no longer view as a practicable recommendation."
"As such, in balancing the aforementioned considerations in conjunction with the underlying concerns of the Presidential immunity doctrine, a sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow Defendant to pursue his appellate options."
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