Late Thursday, the U.S. Supreme Court narrowly denied Donald Trump’s bid to delay his criminal sentencing for hush money payments, paving the way for the president-elect to be sentenced Friday morning in New York.
Four justices—Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh—indicated they supported Trump’s request to pause the sentencing. However, Chief Justice John Roberts and Justice Amy Coney Barrett, both appointed by Trump, joined the court’s three liberal justices to reject the appeal.
Legal Setbacks for Trump
This ruling follows a decision by New York’s highest court, the Court of Appeals, which also declined Trump’s request to block the sentencing. According to court filings, Trump plans to attend the sentencing virtually from his Mar-a-Lago residence. Judge Juan Merchan has signaled his intention to impose an unconditional discharge—marking the offense on Trump’s record but avoiding prison time, fines, or probation—in order to respect Trump's transition efforts and the principle of presidential immunity.
Trump had faced up to four years in prison after being convicted on 34 felony counts of falsifying business records to cover up a hush money payment ahead of the 2016 election. Judge Merchan described Trump’s actions as a “premeditated and continuous deception by the leader of the free world.”
Over the past week, Trump filed four unsuccessful motions to delay the sentencing, arguing that, as president-elect, he should be immune from prosecution. These appeals were denied by Judge Merchan, the New York Appellate Division, the New York Court of Appeals, and now the Supreme Court.
Defense Cites Immunity
In a brief submitted to the Supreme Court, Trump’s attorneys reiterated their argument that presidential immunity extends to the president-elect. Attorney D. John Sauer, whom Trump has nominated for solicitor general in his upcoming administration, warned that proceeding with the sentencing would harm Trump’s transition efforts and force him to choose between appealing his sentence and claiming immunity once in office.
Prosecution Stands Firm
Manhattan District Attorney Alvin Bragg, whose office secured the conviction, urged the courts to proceed with the sentencing. In a statement Thursday, Bragg emphasized the importance of upholding the jury’s decision.
“We believe the sanctity of the jury verdict must be given primacy,” Bragg said.
Prosecutors dismissed Trump’s claims of immunity as “baseless,” noting that immunity applies only to sitting presidents. They argued that delaying the sentencing would create greater complications after Trump’s inauguration on January 20.
“It is axiomatic that there is only one President at a time,” Bragg’s office wrote in its filing, adding that no legal precedent supports extending presidential immunity to a president-elect.
