Judge Merchan insists on making Trump the first president to be convicted

Judge Juan Merchan remains determined to make Donald Trump the first president to be convicted ahead of his inauguration on the Jan. 20 on Capitol Hill. Merchan rejected the Republican's defense's request to at least postpone the release of the sentence for the Stormy Daniels case, scheduled for Jan. 10. Trump still has the option of having an appeals court urgently block the judge's decision.

Merchan noted in the brief in which he rejected the motion by the president-elect's counsel that "this Court has considered Defendant's arguments in support of his motion and finds that they are for the most part, a repetition of the arguments he has raised numerous times in the past."

Trump urgently appeals judge's decision

Trump's legal team rushed to file the first of two appeals which they announced the same Monday afternoon before an appeals court. In the brief, they ask that the sentencing be postponed while they appeal the rulings:

"Judge Merchan has no authority under the law to proceed to sentencing while President Trump exercises his federal constitutional right to challenge these rulings, and the jury's erroneous verdict in the underlying criminal case should be set aside and the charges against President Trump should be dismissed with prejudice, without further delay."

Trump charges against Merchan again on social media

Trump himself again charged against the judge on Truth Social for continuing the "political witch hunt" against him. The president-elect claimed that Merchan, whom he described as "corrupt" and "conflicted," saying that he "fabricated the facts, and the law" following the instructions of the Biden/Harris administration to "embarrass TRUMP. ... IT’S ALL RIGGED, in this case against a political opponent, ME!!!"

Trump again lamented the "unconstitutional" gag order that Merchan placed on him, and the defenselessness it poses to his legal team. The president-elect went beyond the judge in the Stormy Daniels case and accused the New York legal system of organizing "witch hunts" because of which "businesses are fleeing New York, taking with them millions of jobs, and BILLIONS OF DOLLARS IN TAXES. The legal system is broken, and businesses can’t take a chance in getting caught up in this quicksand."

A race against the clock

According to a filing accessed by The New York Times, Trump plans to also file a civil lawsuit against Judge Merchan to try to freeze the ruling. The appeals court should rule quickly if it hears the president and grant an interim stay of the sentence.

Once Trump takes office in less than 15 days, Justice Department tradition would make it more difficult for the case to go forward. Experts point out that proceedings could then grind to a halt, which could make any additional ruling irrelevant.

DOJ policy, for many years now, points out that acting presidents cannot be subject to federal prosecution. Although the Stormy Daniels case is in New York state court, experts say it would follow the Department's doctrine.