Posted on 01/09/2025 6:16:33 PM PST by Bayard
The U.S. Supreme Court late Thursday refused to delay Donald Trump’s sentencing in his New York City hush money case on the eve of his scheduled sentencing, marking a significant defeat for the president-elect that means his historic conviction will be finalized before he retakes office.
In a 5-4 decision, the nation’s high court denied Trump’s request for an emergency stay, or pause, of the criminal proceedings in his Manhattan case as he fights a set of rulings by state Supreme Court Justice Juan Merchan, meaning the proceeding will go forward Friday.
The judges were not moved by Trump’s claim that the sentencing would pose an undue burden as he prepares to take office on Jan. 20.
“The burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of ‘unconditional discharge’ after a brief virtual hearing,” the court’s order read, referencing Merchan’s signal last week that he would not impose any punishment.
Chief Justice John Roberts and Trump-appointee Justice Amy Coney Barrett sided with the court’s three liberal justices in rejecting Trump’s bid. Justice Clarence Thomas, Justice Samuel Alito, Justice Neil Gorsuch, and Justice Brett Kavanaugh would have granted the application, the order read.
Earlier Thursday, in asking the Supreme Court to reject Trump’s bid for a delay, prosecutors had warned pausing the sentencing threatened to delay him being brought to justice for years. They said now was the time to bring finality to the case in which Trump was found guilty in May of falsifying business records for covering up a payoff to porn star Stormy Daniels to suppress her story about an alleged sordid sexual encounter in a scheme that violated New York election law.
Trump’s flurry of last-minute appeals was sparked when Merchan unexpectedly scheduled his sentencing for Friday at 9:30 a.m. in a decision last week in which he refused to throw out the case. He said that the president-elect could appear for sentencing by video and that he was inclined to sentence him to an unconditional discharge, meaning he would not face jail time, fines, or probation.
Judge Juan M. Merchan poses in his chambers in New York, March 14, 2024. (AP Photo/Seth Wenig, File) Judge Juan M. Merchan poses in his chambers in New York, March 14, 2024. (AP Photo/Seth Wenig, File) While Trump is not expected to face any form of punishment, the sentencing will bring closure to his conviction and officially classify him as a convicted felon just 10 days before his second presidential term begins, a first in history.
After Trump’s lawyers failed to convince Merchan and two New York appeals courts to halt the sentencing, they asked the Supreme Court’s nine justices in a last-ditch attempt to intervene on Wednesday, arguing that the Constitution required the case to be paused as Trump tried to fight Merchan’s rulings in appeals hinging on Trump’s arguments that he is shielded from the criminal process by presidential immunity.
Among other arguments, Trump’s lawyers have said that he should receive immunity as the president-in-waiting and that Merchan should have barred evidence relating to his first presidency at his trial, including testimony from his former White House staffers about private conversations about hush money and threatening tweets directed at Michael Cohen from Trump’s presidential Twitter account.
The Supreme Court order Thursday said Trump’s complaints about evidence allowed at his trial could be addressed “in the ordinary course on appeal” and did not warrant intervention.
The Supreme Court building is seen on Thursday, June 13, 2024, in Washington. (AP Photo/Mark Schiefelbein) The Supreme Court building is seen on Thursday, June 13, 2024, in Washington. (AP Photo/Mark Schiefelbein) In opposing the request, prosecutors from Manhattan District Attorney Alvin Bragg’s office argued that there was no basis for Supreme Court intervention and that Trump’s legal positions were unsupported by any court anywhere.
Asking the high court to agree with multiple New York judges, they said the high court’s ruling from last year granting a president sweeping protections from criminal prosecution did not apply to the 2016 hush-money scheme, devised before Trump’s first presidency, or to Trump now as he prepares to retake office.
“[Defendant] makes the unprecedented claim that the temporary presidential immunity he will possess in the future fully immunizes him now, weeks before he even takes the oath of office, from all state-court criminal process,” prosecutors wrote.
“This extraordinary immunity claim is unsupported by any decision from any court. It is axiomatic that there is only one President at a time.”
In a Truth Social post, Trump said he appreciated “the time and effort of the United States Supreme Court in trying to remedy the great injustice done to me,” and that he was innocent.
“For the sake and sanctity of the Presidency, I will be appealing this case, and am confident that JUSTICE WILL PREVAIL,” Trump wrote.
A spokeswoman for Bragg declined to comment.
The jury’s May 30 verdict found Trump, 78, guilty of 34 felony counts of falsifying business records stemming from a scheme to hide embarrassing details about his past from voters in 2016 that violated New York election law.
The Manhattan case was the only one of four brought against Trump after his first term that made it before a jury. When he takes office, he cannot pardon himself of the state-level charges.
I remember there were a few here on FR that were not for her. Mostly the greatest thing since Mother Teresa at the time.
“awakened a terrible giant and filled him with powerful resolve”
Bump
He will act in a civil manner, but will prosecute the worst of the LawFare Farce.
I hope you are correct.
There must be some manner to restore our legal system.
its being done virtually...
Yeah I’m assuming there is a compromising video of Roberts doing something nasty hidden away somewhere.
Julie Kelly 🇺🇸
@julie_kelly2
Amy Coney Barrett sided with Kagan and Sotomayor in the Fischer opinion. Now she helped make sure Pres Trump will be sentenced tomorrow. The threats against her and her family worked.
9:28 PM · Jan 9, 2025
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Not surprised by this. The Supreme Court does not like to move quickly on matters of law. The amazing thing about this is all of this will be overturned on appeal.
Could someone please explain to me how this doesn’t derail the entire Trump agenda?
Because you know everything he does will be taken to the Supreme Court.
Disbar Barrett, deport Merchan.
Lawfare will ratchet up and be at the federal level. Plenty of democrat judges to get rulings against Trump.
After the ‘sentencing’ - Trump’s appeal will immediately go to the Supreme Court and the Supreme Court will throw out the case in it’s entirety.
Today they essentially followed the law. Nobody is above the law, including Trump.
A jury has convicted Trump on a bogus charges that should never have seen the light of day... Despite that, because a jury did find him guilty, the sentence associated with that guilt needs to be pronounced... After it is pronounced the Supreme Court will immediately take Trump’s appeal and throw the entire case out, vacate the verdict and the sentence and they will likely admonish the prosecutor, the judge and the state of New York for laying these bogus charges in the first place.
They will likely do this by Monday or Tuesday of next week
Excellent, jerod.
THIS is exactly what will happen.
There has never been a women on SCOTUS who lived up to the pre-selection reputation...
Disasters all, when the chips of freedom & liberty are in play...
Funny how the four Justices I respect the most could follow the law by halting his sentencing.
Do you know more about the law than they do?
And don't tell me nobody is above the law. Hillary should have been sent to prison back in 1975, and likely every year since then for the criminal acts she committed.
"The law" is a demented @$$.
“Chief Justice John Roberts and Trump-appointee Justice Amy Coney Barrett”
I knew Barrett was a mistake from the get go. Sorry but generally speaking I don’t trust women in high position
That’s the last straw!!!!
Roberts and Barrett must resign!!!!
The humiliations of President Trump MUST STOP IMMEDIATELY!!!
I’m so sick of this $HIT.
No more!!!!!!!
No excuses, RESIGN NOW!!!!
Get on socials and WRECK THEM!!!!!!
Give them no respite until their chairs are vacant!!!!
"In a brief unsigned order, a five-justice majority noted that Mr. Trump was not facing jail time and that he could still challenge his conviction in the ordinary course on appeal.”
If this were a case of Trump being found 'guilty' by a Judge and only a judge, they would've likely accepted Trump's appeal. But Trump was found guilty by a jury of his peers and Supreme Courts typically defer to jury verdicts... The sentencing needs to be carried out and then they can make a proper decision based on the entirety of the case... The 'ordinary' course of justice.
It would be very interesting though if Justice Merchan decided to impose a jail sentence tomorrow, instead of following his stated assertion that he won't impose jail time. That would be a real hoot.
Trump said of the decision... "“I read it and I thought it was a fair decision, actually, so I’ll do my little thing tomorrow,”. So I'm pretty sure that when he and Justice Alito spoke earlier this week, that Alito gave him a 'heads up' about this decision and exactly what would happen afterward... They likely have their decision to vacate this nonsense already written.
As for Hillary... She was never President and she and her husband have broken numerous laws... Her hubby was President and would likely be immune, as for Hillary... I'm pretty sure all those Arkin-sides have helped stave off her prosecutions. Dead men tell no tales.
Bkmk
Both young enough to be turncoats for 20 years, expensive mistake.
You talk to me as if that statement has some sort of persuasion to it. I am long accustomed to *IDIOT* Juries making *IDIOT* decisions that are absolutely wrong. The fact that it is a "jury" does not render it infallible.
A few examples of idiot jury decisions are as follows.
OJ Simpson, Derick Chauvin, The McMasters trial in Georgia, Trump's "rape" trial in New York, The 10 billion dollar verdict against Texaco vs Pennzoil.
Idiot Jury decisions are far too common, so no respect from me regarding Juries.
Trump said of the decision... "“I read it and I thought it was a fair decision, actually, so I’ll do my little thing tomorrow,”. So I'm pretty sure that when he and Justice Alito spoke earlier this week, that Alito gave him a 'heads up' about this decision and exactly what would happen afterward... They likely have their decision to vacate this nonsense already written.
One of the things that I have always disliked about the legal system is their insistence on putting "process" ahead of sane results.
My point was that four Justices felt it was appropriate to halt sentencing, and therefore it is reasonable to believe they see this as a legal outcome, but were outvoted by the loony judges on the court.
In any case, let us hope it works out in such a way as to cause the nation no further troubles.
As for Hillary... She was never President and she and her husband have broken numerous laws... Her hubby was President and would likely be immune, as for Hillary... I'm pretty sure all those Arkin-sides have helped stave off her prosecutions. Dead men tell no tales.
Yes, she's been "above the law" for a long time.
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