ALBANY, N.Y. — On Thursday, New York’s highest court opted not to intervene in Donald Trump’s sentencing concerning his hush money case, potentially leaving the U.S. Supreme Court as his final recourse to stop the sentencing from occurring as planned on Friday.
A judge from the New York Court of Appeals issued a succinct order that denied a hearing for Trump’s legal team. Trump had approached the Supreme Court on Wednesday, following the state courts’ decision not to delay the sentencing set by Manhattan Judge Juan M. Merchan. This judge previously oversaw Trump’s trial, which concluded in May with convictions on 34 felony counts for falsifying business records. Prosecutors characterized these actions as efforts to conceal a $130,000 payment made to porn actor Stormy Daniels. Trump has consistently denied any illegal activity.
In a submission to the Supreme Court on Thursday evening, Trump’s attorneys asserted that both Trump’s interests and those of the nation would suffer “irreparable harm” if the sentencing proceeds without postponement. They argued that there is little justification for not delaying the process and maintained that Trump’s status as president-elect grants him immunity from criminal proceedings. They also contended that improper evidence marred the fairness of his trial.
Similar claims were made during their unsuccessful appeal to New York’s top court, asserting that both Judge Merchan and the state’s appellate court had “erroneously failed” to delay the sentencing. The attorneys stated that the Constitution mandates an automatic pause during the appeal process and expressed concerns that the sentencing would interfere with Trump’s plans for his upcoming presidential transition, set for January 20.
Prosecutors countered these arguments, asserting that the Supreme Court lacks authority to intervene in the sentencing and that there is no justification for it to entangle itself in a state matter. They noted that Trump opted to appear via video for the sentencing, which is expected to last roughly one hour, emphasizing that the proceedings had already been postponed twice upon Trump’s request.
At an unrelated news conference on Thursday afternoon, Manhattan District Attorney Alvin Bragg reaffirmed the importance of the jury’s verdict, stating, “We brought a case. A jury of ordinary New Yorkers returned 34 guilty verdicts. Our primary function is to honor that verdict and uphold the fundamental principle that the jury’s voice must not be silenced.”
Although Judge Merchan has indicated he is unlikely to impose jail time, fines, or probation, Trump’s legal team expressed concerns regarding the deleterious impacts of a felony conviction, particularly in terms of distracting him from his preparations for office.
D. John Sauer, one of Trump’s attorneys, characterized the case as politically motivated, arguing that proceeding with sentencing now would represent a serious injustice. Sauer has also been chosen by Trump to serve as solicitor general, representing the government before the Supreme Court.
The emergency request filed with the U.S. Supreme Court is being reviewed by Justice Sonia Sotomayor, who is responsible for emergency appeals originating from New York.
Trump’s lawyers are also claiming that evidence presented during the trial in Manhattan contravened a Supreme Court ruling from the previous summer, which granted him substantial immunity related to actions taken while president. At the very least, they argue that sentencing should be postponed while they pursue appeals concerning this immunity matter.
New York judges have determined that Trump’s convictions stem from personal dealings instead of actions tied to his role as president, as outlined in the Supreme Court’s earlier decision. Prosecutors counter that Trump’s arguments lack sufficient weight to overturn his conviction. They assert that delays due to appeals should not interfere with the case, as these appeals primarily concern evidentiary issues rather than the central charges.
Prosecutors caution that any delay now could thrust the case beyond Trump’s inauguration, potentially leading to a prolonged postponement spanning years or indefinitely.
