The United States Supreme Court on Thursday denied an emergency bid by President-elect Donald Trump to halt his sentencing in the hush money case.
The court, in a 5-4 decision, rejected Trump’s application to block the sentencing scheduled for Friday.
In a brief unsigned order, the court stated that the “burden that sentencing will impose on the President-elect’s responsibilities is relatively insubstantial.” It also highlighted that Trump would be allowed to attend the sentencing virtually and noted that the presiding judge has indicated he plans to impose an “unconditional discharge.” This sentence would carry no jail time, fine, or probation.
Trump, 78, is set to be sentenced in Manhattan at 9:30 am (1430 GMT) on Friday, following his conviction in May by a New York jury on 34 counts of falsifying business records related to a hush money payment to porn star Stormy Daniels. Trump will be sworn in as president on January 20.
Trump’s emergency application was filed on Wednesday, seeking to halt the sentencing. Four conservative justices—Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh—voted in favor of granting his request. However, Chief Justice John Roberts and Justice Amy Coney Barrett, both conservatives, joined the three liberal justices in rejecting the application. Notably, Barrett, Gorsuch, and Kavanaugh were appointed by Trump.
In its order, the court reiterated that Trump retains the option to appeal his conviction through New York state courts.
Trump’s legal team argued that sentencing him would cause “grave injustice” and undermine “the institution of the presidency and the operations of the federal government.” They also claimed that the immunity from prosecution granted to sitting presidents should extend to presidents-elect.
Manhattan District Attorney Alvin Bragg dismissed these claims in his response on Thursday, asserting that Trump was a private citizen when he was “charged, tried, and convicted.” Bragg also argued that the Supreme Court “lacks jurisdiction over a state court’s management of an ongoing criminal trial” and said that halting the sentencing would be an “extraordinary step” for the court. “There is no basis for such intervention,” Bragg added.
Judge Juan Merchan, who presided over the trial, has stated that he is inclined to impose an unconditional discharge. This would result in no jail time, fines, or probation for Trump. Additionally, the judge has allowed Trump to attend the sentencing virtually rather than in person.
Trump is the first former U.S. president to be convicted of a crime and will become the first convicted felon to serve as president. He was certified as the winner of the 2024 presidential election earlier this week, marking a return to the White House four years after his supporters rioted at the U.S. Capitol in an attempt to overturn his 2020 defeat.
Though Trump faced up to four years in prison following his conviction, legal experts had long predicted that Judge Merchan would not impose incarceration, even before Trump’s electoral victory in November.
