Trump is trying to halt his criminal conviction in New York
The Republican's lawyers said they planned to appeal Judge Merchan's rulings and file a lawsuit against him.
President-elect Trump's legal team asked a judge to postpone his Jan. 10 sentencing for his New York criminal conviction before his inauguration, though Judge Merchan ruled last week that Trump's sentence could go forward despite his return to the White House, rejecting arguments to the contrary from the incoming president.
Trump's lawyers told Merchan they are appealing recent rulings upholding the jury's guilty verdict and argued that the judge should pause the case in the meantime. Sentencing is scheduled for Friday, just 10 days before the presidential inauguration and lawyers have asked the judge to postpone the proceedings, according to a court filing disclosed Monday.
If the judge does not halt the sentencing this Monday, the lawsuit says, Trump would seek emergency appellate review. Trump plans to file a civil lawsuit against Judge Merchan and try to freeze the sentencing, according to the filing accessed by The New York Times.
Trump's lawyers said they planned to appeal Judge Merchan's rulings and file a lawsuit against him under a so-called Article 78 petition, a special procedure used to challenge decisions made by New York state agencies and judges.
According to the NYT, the appeals court could act quickly and decide whether to grant an interim stay of the ruling. Once Trump is sworn in on Jan. 20, the proceedings could be paused, which could make any additional rulings irrelevant. Under a long-standing Justice Department policy, sitting presidents cannot face federal prosecution, and although the New York case was filed in state, not federal, court, it will most likely follow that precedent.