Trump Asks Supreme Court To Block Hush Money Sentencing—After Appeals Court Refuses
Key Facts
Trump asked the Supreme Court to consider whether his guilty verdict on 34 felony counts should be thrown out in light of his presidential victory and the Supreme Court’s July ruling giving him some immunity from criminal charges, and asked for his sentencing to be paused while the court considers the issue.
The president-elect asked the Supreme Court to consider whether evidence used at his trial violated the high court’s immunity ruling—which said Trump can’t be prosecuted based on his “official acts” as president—and whether presidents-elect have immunity from criminal prosecution.
His request comes after a New York appeals court judge denied Trump’s request to pause all proceedings in his Manhattan criminal case on Tuesday while he tries to have the guilty verdict thrown out, meaning his sentencing will take place at 9:30 a.m. EST Friday unless the Supreme Court stops it.
New York Judge Juan Merchan, who oversaw his trial, has twice rejected Trump’s requests to have the verdict against him thrown out, and scheduled the sentencing for Friday despite prosecutors suggesting it should take place after Trump leaves office.
The appeals court’s ruling came after a hearing Tuesday in Manhattan, in which Trump’s lawyers argued the case should be paused because Trump also has immunity as the president-elect, also claiming Merchan’s rulings upholding the verdict are “causing ongoing, irreparable harm by depriving President Trump of his constitutional rights.”
What To Watch For
It’s unclear when the Supreme Court will issue a response to Trump’s request, though it’s likely to come quickly, given his sentencing being only two days away. If justices decide to take up the case and consider whether the verdict against Trump should be thrown out, pausing the sentencing in the meantime, that would likely keep the case on hold for months, and could mean that even if the verdict gets upheld, the sentencing could be delayed until after Trump leaves office.
What Will Trump’s Sentence Be?
Merchan has already indicated he doesn’t want to impose many—if any—penalties on Trump at his sentencing Friday if it takes place, saying in a ruling last week he was inclined to give the president-elect an “unconditional discharge.” That would mean Trump would still be sentenced and the case against him won’t be dropped, but he won’t face any penalties. Even if that doesn’t happen, Merchan has also said he doesn’t intend to sentence Trump to prison—as he could, under the statute Trump was charged under—given it wouldn’t be “practicable” with Trump’s presidency. If the judge does impose any penalties, he could fine Trump up to $170,000, based on a maximum $5,000 for each of the 34 counts he faces, and could impose other measures like probation, though those are less likely given the logistical issues with Trump’s presidency.
Will Trump Attend His Sentencing In Person?
No. If Trump’s sentencing moves forward this week, prosecutors said Tuesday Trump has chosen to attend the sentencing virtually, according to Courthouse News, which Merchan said Trump could do so that it wouldn’t disrupt his presidential transition.
Key Background
Trump was found guilty on 34 felony counts in April following a weekslong trial, as he was charged with falsifying business records based on reimbursement checks he sent ex-attorney Michael Cohen to cover a hush money payment made to adult film star Stormy Daniels after the 2016 election. Trump’s sentencing was initially supposed to take place in July, but the president-elect successfully managed to repeatedly push back the date, first to September and then until after the election. The sentencing was then postponed indefinitely after Trump’s election, before Merchan ruled Friday it should move forward—which came as a surprise, as prosecutors had suggested it should wait until after Trump left office or be dropped entirely. The sentencing comes as the other criminal cases against Trump have largely fallen apart: his two federal criminal cases were both dropped due to the Justice Department’s policy against prosecuting sitting presidents, and the fate of his criminal case in Georgia is now up in the air after an appeals court ruled to disqualify Fulton County District Attorney Fani Willis from prosecuting the case.
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