Donald Trump filed a request with the U.S. Supreme Court on Wednesday to suspend the criminal proceedings related to the Stormy Daniels case, ahead of the scheduled sentencing hearing on Friday.

The court has asked New York prosecutors to respond to Trump’s request by Thursday morning, in order to allow sufficient time for a decision before the scheduled proceeding.

“The court should immediately suspend further proceedings in the New York court to prevent serious injustice and harm to the institution of the Presidency and the functioning of the federal government,” Trump’s lawyers said in their new memorandum.

Trump’s legal team argues that the case should not proceed, as the alleged crimes were committed during his presidential term and, therefore, are covered by presidential immunity, as the U.S. Supreme Court had recognized earlier this year.

On Tuesday, a New York appeals court judge denied the request to suspend the sentencing hearing. Trump was found guilty in May of falsifying documents related to payments made by his former lawyer, Michael Cohen, to porn actress Stormy Daniels shortly before the 2016 presidential election. Daniels testified that she had sexual relations with Trump in 2006, a claim he denies.

Judge Juan Merchan, who presided over the trial, had initially postponed the sentencing in July, following the U.S. Supreme Court’s decision to set a new standard for presidential immunity. However, he later concluded that immunity does not apply until Trump is sworn in as president. As a result, he ordered the sentencing for the 34 felony charges of falsifying business records to proceed on Friday morning.