A divided US Supreme Court has allowed the sentencing of President-elect Donald Trump to proceed in his New York hush money case, marking a setback for Trump as he prepares for his second term in office. In a 5-4 decision, the court rejected Trump’s request to delay sentencing while state appellate courts consider his claims of presidential immunity.
The sentencing, scheduled for Friday at 9:30 a.m., will not involve prison time, as the New York judge intends to impose a sentence of “unconditional discharge,” meaning Trump will not face incarceration but will have the conviction on his record. Justices John Roberts and Amy Coney Barrett joined the court’s three liberal justices in the majority, while Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh dissented without explanation.
In a brief order, the court stated that Trump’s immunity arguments could be addressed on appeal and that the sentencing would impose only a “relatively insubstantial” burden on the president-elect. Trump, speaking to reporters shortly after the decision, expressed optimism about the ongoing appeal, saying, “They invited the appeal, and the appeal is on the bigger issue.”
Trump had argued that the sentencing would distract from his presidential transition and undermine his status as a world leader. His legal team contends that the immunity from prosecution extended to sitting presidents should apply to him as president-elect. They also claim the trial was tainted by evidence barred under a new presidential immunity standard established by the Supreme Court in July.
The case stems from a Manhattan jury’s finding that Trump falsified business records to conceal payments to an adult film star during the 2016 election. Trump’s legal team continues to pursue efforts to vacate the verdict on immunity grounds. Manhattan District Attorney Alvin Bragg, who brought the case, urged the Supreme Court to deny the stay, citing a compelling public interest in proceeding with the sentencing.
Despite Trump’s ongoing appeals, Justice Juan Merchan, who oversaw the trial, has ruled that a president-elect is not entitled to the same sweeping immunity as a sitting president. With jail time off the table, Merchan had previously indicated that an unconditional discharge was the most suitable sentence, meaning Trump would avoid imprisonment but retain the conviction on his record.
Trump’s legal team has cited a July Supreme Court ruling that dismissed another criminal case against him on grounds of presidential immunity, arguing that the New York trial court’s proceedings could harm the presidency and the federal government. The case could eventually return to the Supreme Court after New York’s appellate courts weigh in.
