Renowned attorney Alan Dershowitz stated Tuesday that New York Justice Juan Merchan’s decision to delay sentencing President-elect Donald Trump following his conviction was “clever but wrong” and violated Trump’s constitutional rights.

Merchan ruled Monday night that Trump was not entitled to presidential immunity in the case involving a $130,000 payment to porn star Stormy Daniels in 2016. Dershowitz argued that Merchan’s decision was preventing Trump from appealing his conviction on 34 felony counts of falsifying business records.

“What Merchan rules was that no, no, no of any of the actions that were introduced into evidence were private actions, actions outside of his role as president,” Dershowitz said. “Basically, what I’m saying is the whole case was outside of his role as president and therefore the Supreme Court ruling doesn’t apply at all.”

“But, you know, then, he did something else clever, but wrong, unconstitutional,” Dershowitz added. “He basically said, you know, I’m ruling, and even if I’m wrong, you can’t appeal it… because I’m going to be putting off the sentencing until after he finishes the presidency. You know the rules in New York, you can’t appeal something unless there’s a sentence and I’m not going to sentence you and if I can’t sentence you, I can’t be proved wrong. So, I am now above the law, I am the king.”

Manhattan District Attorney Alvin Bragg signed a legal filing on November 19 opposing a motion by Trump’s attorneys to dismiss the case. Instead, Bragg urged Justice Merchan to postpone sentencing until 2029, after Trump would leave office. Dershowitz stated that Trump’s legal team was not without recourse and could still challenge Merchan’s ruling, the Daily Caller reported.

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“If he rules that the sentencing is put off for years, I would surely recommend to Trump’s lawyers that they take a mandamus, that is a special writ, to the appellate division,” Dershowitz said, explaining the structure of New York’s court system before repeating his recommendation.

He then took aim at the underlying charges on which Trump was convicted.

“The entire conviction is phony,” Dershowitz said. “The entire conviction is… based on nothing other than a made-up law and also their rulings. I was in the courtroom, I saw them. There are rulings that are so plainly unconstitutional… and plainly illegal that if there was an appeal, it would be reversed.”