The Supreme Court has been asked by Trump to intervene and block the sentencing related to 34 felony counts of falsifying business records in New York. This emergency application seeks to halt the hush money prosecution until his appeals concerning presidential immunity are resolved.
His legal team argues that Trump is engaged in critical preparations for assuming the Executive Power within two weeks, a responsibility that seriously impacts national security and vital interests.
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They contend that requiring him to prepare for sentencing in a felony case while gearing up to lead the country imposes an unconstitutional burden, detracting from essential national interests.
Justice Sonia Sotomayor, who is responsible for emergency matters arising in New York, will receive the appeal by default. She has the discretion to act on the application independently or refer it to the full court for consideration.
A deadline for prosecutors to respond to Trump’s application was set by Sotomayor for 10 a.m. EST Thursday, just shy of 24 hours before the scheduled sentencing.
In May, a jury in New York convicted Trump on all counts for falsifying business records, stemming from a payment made to a porn actor during his 2016 presidential campaign to silence claims of an alleged affair, which Trump denies.
This conviction marked the first time a former president faced felony charges, though he successfully postponed sentencing until after the election. He now seeks to further delay the process until after his inauguration later this month.
Trump’s legal representatives assert that the historical nature of the case warrants dismissal due to two claims of immunity. They argue that the trial was compromised by evidence shielded under a new Supreme Court immunity test for former presidents, and they maintain that the prosecution should also be dismissed to honor Trump’s status as president-elect.
Judge Juan Merchan, overseeing the New York trial, dismissed these claims and scheduled the sentencing for Friday, a mere ten days before the inauguration. The judge has indicated a likelihood of imposing no jail time or punishment for Trump if the sentencing proceeds, and he may allow a virtual appearance.
The emergency appeal to the Supreme Court follows a decision by a midlevel New York appeals court, which denied a request to block the proceedings. Trump’s attorneys plan to file with New York’s top court simultaneously, given the pressing timeline.
A spokesperson for Trump stated that the Supreme Court’s ruling on immunity, constitutional issues, and established legal precedents necessitate an immediate dismissal of what they termed a meritless hoax.
They emphasized that the American people elected Trump with a strong mandate, demanding an end to what they see as the political weaponization of the justice system and ongoing investigations. They expressed optimism about uniting the country in the new administration as Trump aims to restore American greatness.
The office of Manhattan District Attorney Alvin Bragg has opposed delaying the sentencing, noting that it was only postponed past the election at Trump’s request. A spokesperson for Bragg indicated that they would respond in court documents.
This recent filing by Trump was signed by D. John Sauer, his intended nominee for U.S. solicitor general, who will represent the administration before the Supreme Court. Sauer is one of Trump’s personal criminal defense attorneys and previously represented him in his fight for presidential immunity before the Supreme Court.
