Justin Jouvenal
But five of the nine justices said Trump’s immunity concerns about evidence presented at his trial can be addressed “in the ordinary course on appeal.”
Trump is set to be sentenced Friday, after a jury convicted him of 34 counts of falsifying business records related to a hush money payment made to an adult-film actress during the 2016 election. New York Supreme Court Justice Juan Merchan, who presided over Trump’s trial, has said he does not plan to give the incoming president jail time or probation.
The completion of the sentencing hearing will formalize Trump’s status as the first former president or president-elect convicted of criminal wrongdoing — a designation Trump had hoped to avoid.
A one-paragraph order joined by Chief Justice John G. Roberts Jr. and Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson said the “burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial,” given the lack of jail time and that Trump can appear for the hearing via video feed.
Four conservative justices — Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh — indicated that they would have granted Trump’s request. As is typical in such orders, the justices did not explain their reasoning.
Supreme Court refuses to delay Trump’s hush money sentencing
President-elect Donald Trump turned to the Supreme Court in a last-ditch effort to stop the sentencing, citing the conservative majority’s explosive immunity opinion.
But five of the nine justices said Trump’s immunity concerns about evidence presented at his trial can be addressed “in the ordinary course on appeal.”
Trump is set to be sentenced Friday, after a jury convicted him of 34 counts of falsifying business records related to a hush money payment made to an adult-film actress during the 2016 election. New York Supreme Court Justice Juan Merchan, who presided over Trump’s trial, has said he does not plan to give the incoming president jail time or probation.
The completion of the sentencing hearing will formalize Trump’s status as the first former president or president-elect convicted of criminal wrongdoing — a designation Trump had hoped to avoid.
A one-paragraph order joined by Chief Justice John G. Roberts Jr. and Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson said the “burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial,” given the lack of jail time and that Trump can appear for the hearing via video feed.
Four conservative justices — Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh — indicated that they would have granted Trump’s request. As is typical in such orders, the justices did not explain their reasoning.
Trump took a somewhat conciliatory tone when asked about the Supreme Court’s order at an event at Mar-a-Lago on Thursday night, saying his case “is a long way from finished” and that he appreciated the justices’ acknowledgement that his appeal can continue after sentencing. He called it a “very good opinion of course.”
The president-elect repeated his claim that the hush money case was politically motivated and designed to try to derail his campaign, and that the judge overseeing was biased against him.
Supreme Court refuses to delay Trump’s hush money sentencing
President-elect Donald Trump turned to the Supreme Court in a last-ditch effort to stop the sentencing, citing the conservative majority’s explosive immunity opinion.
But five of the nine justices said Trump’s immunity concerns about evidence presented at his trial can be addressed “in the ordinary course on appeal.”
Trump is set to be sentenced Friday, after a jury convicted him of 34 counts of falsifying business records related to a hush money payment made to an adult-film actress during the 2016 election. New York Supreme Court Justice Juan Merchan, who presided over Trump’s trial, has said he does not plan to give the incoming president jail time or probation.
The completion of the sentencing hearing will formalize Trump’s status as the first former president or president-elect convicted of criminal wrongdoing — a designation Trump had hoped to avoid.
A one-paragraph order joined by Chief Justice John G. Roberts Jr. and Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson said the “burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial,” given the lack of jail time and that Trump can appear for the hearing via video feed.
Four conservative justices — Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh — indicated that they would have granted Trump’s request. As is typical in such orders, the justices did not explain their reasoning.
Trump took a somewhat conciliatory tone when asked about the Supreme Court’s order at an event at Mar-a-Lago on Thursday night, saying his case “is a long way from finished” and that he appreciated the justices’ acknowledgement that his appeal can continue after sentencing. He called it a “very good opinion of course.”
The president-elect repeated his claim that the hush money case was politically motivated and designed to try to derail his campaign, and that the judge overseeing was biased against him.
“I’ll do my little thing tomorrow,” Trump added. “They can have fun with their political opponent.”
Trump’s attorneys have tried repeatedly to have his conviction tossed and sentencing delayed, saying he should be shielded from criminal proceedings because they would interfere with his presidential transition.
“Forcing President Trump to defend a criminal case and appear for a criminal sentencing hearing at the apex of the Presidential transition creates a constitutionally intolerable risk of disruption to national security and America’s vital interests,” his lawyers told the justices this week.
The office of Manhattan District Attorney Alvin Bragg declined to comment after Thursday night’s order.
In a filing in response to Trump’s request, prosecutors told the justices there was no basis for the high court to “take the extraordinary step of intervening” to stop the scheduled sentencing. They urged the court to reject Trump’s claim that he is immune from prosecution before he takes the oath of office and said the president-elect will not be unduly burdened by having to attend by remote video feed a hearing that probably will take less than an hour.
New York’s Court of Appeals also rejected Trump’s request to intervene on Thursday.
Trump’s conviction stems from efforts to conceal a payment to adult-film actress Stormy Daniels shortly before the 2016 election to keep her quiet about an alleged sexual encounter with him a decade before. Trump denies the encounter ever
Merchan has repeatedly ruled that the hush money case was based on private, personal conduct, not Trump’s official duties during his first term, and that the Supreme Court’s decision granting former presidents broad immunity for official actions does not apply.
The judge also has noted it was Trump’s team that asked the court months ago to postpone sentencing — originally scheduled for summer — until after the election. After making that request, Merchan wrote, it is not credible for Trump to say that winning the election makes him immune from being sentenced.
Trump’s emergency request for help from the Supreme Court was an early test for the justices, who are likely to confront a wave of challenges to the incoming president’s controversial agenda, particularly on immigration and the federal workforce.
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