Supreme Court rejects Trump's request to halt sentencing in hush money case, closing off the last pathway

The US Supreme Court rejected President-elect Donald Trump’s plea to halt the criminal sentencing in the hush money case, closing off his team’s last remaining path to avoid any punishment. The court rejected Trump’s request in a 5-4 decision on Thursday. Following the Friday sentencing, Trump will become the first felon to assume the presidency in the United States.

Judge Juan Merchan, who is overseeing the case, has already made it clear that the Republican firebrand could attend the sentencing virtually. He is most likely to get handed down an unconditional discharge, a rare alternative to prison or probation that has no strings attached. The Supreme Court’s denial of Trump’s emergency application marked an end to his extensive efforts to avoid a sentencing in the case.

According to The Hill, four of the court’s conservatives dissented from the sentencing: Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh. Meanwhile, Chief Justice John Roberts and Justice Amy Coney Barrett joined with the court’s three liberals to deny the president-elect’s appeal. Trump was convicted on 34 counts in May last year.

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The sentencing proceedings were originally scheduled to take place in July. However, after the Supreme Court’s ruling carving out immunity for former presidents, Trump began receiving multiple delays. The sentencing was eventually pushed until after the election was announced.

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The President-elect’s political victory in the 2024 race, further reduced Trump’s chances of going to prison or paying any big penalties in the case. Soon after his win, his team began advancing new arguments that, as president-elect, he should be immediately afforded the protections given to a sitting Oval Office occupant.

Judge Merchan has already rejected both immunity arguments and stressed the finality of the proceedings before the case likely freezes upon Trump’s inauguration. After the judge’s final ruling over the matter, Trump’s attorney filed a flurry of appeals. Despite the fact that Merchan signalled that he would not impose any punishment, Trump’s team was not comfortable with him being convicted as a felon.

“The prospect of imposing sentence on President Trump just before he assumes Office as the 47th President raises the spectre of other possible restrictions on liberty, such as travel, reporting requirements, registration, probationary requirements, and others—all of which would be constitutionally intolerable under the doctrine of Presidential immunity,” attorney D. John Sauer wrote in Trump’s application to the high court, The Hill reported.

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It is pertinent to note that Sauer is Trump’s pick to be the next solicitor general who will lead in representing the government before the Supreme Court. Meanwhile, Manhattan District Attorney Alvin Bragg continued to oppose Trump’s delay request in the case.

“There is a compelling public interest in proceeding to sentencing; the trial court has taken extraordinary steps to minimize any burdens on the defendant, including by announcing his intent to sentence the defendant to an unconditional discharge; and the defendant has provided no record support for his claim that his duties as President-elect foreclose him from virtually attending a sentencing that will likely take no more than an hour,” prosecutors told the high court.

The Supreme Court refused to get involved in the case after all three levels of New York’s state court system similarly refused Trump’s request. In the case, the president-elect was charged with falsifying business records in a scheme to unlawfully sway the 2016 election by concealing a payment to a porn star to keep quiet about their alleged affair. However, Trump has denied wrongdoings in the case.

With inputs from agencies.