A three-judge panel at the second circuit denied Trump’s request, citing Judge Juan Merchan’s delay of Trump’s sentencing date to 26 November from 18 September. Merchan wrote that he wanted to avoid the unwarranted perception of a political motive.

Merchan will now decide on 12 November whether the case should be dismissed because of the supreme court’s immunity decision, which stemmed from a separate, federal criminal case Trump faces over his efforts to overturn his 2020 election loss to Joe Biden. Trump has pleaded not guilty in that case, amid many legal woes still hanging over him.