A divided US Supreme Court on Thursday rejected President-elect Donald Trump’s request to postpone his sentencing in the secret money case in New York.
The court’s 5-4 order clears the way for Judge Juan M. Merchan to impose Friday’s sentence on Trump, who was convicted of what prosecutors called an attempt to cover up a $130,000 bribe payment to porn actress Stormy Daniels. Trump has denied any contact with Daniels or any wrongdoing.
Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberals in denying his emergency request.
They found that sentencing him would not pose a serious burden because Merchan had indicated he would not give Trump prison time, fines or probation. Meanwhile, Trump’s arguments against the ruling could be handled as part of the regular appeals process, the majority found.
The order states that Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh were to postpone sentencing.
Trump’s lawyers said the evidence used in the Manhattan trial violated a Supreme Court ruling last summer that grants Trump broad immunity from prosecution for actions he took as president.
At a minimum, they said, the ruling should be delayed while the appeals are carried out to avoid distracting Trump during the presidential transition period.
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Prosecutors countered that there was no reason for the court to take the “extraordinary step” of intervening in the state’s case now.
Trump’s lawyers have not shown that an hour-long virtual hearing would constitute a serious disruption, and a pause would likely mean the case would be pushed until after the Jan. 20 inauguration, delaying years in a ruling if it happens at all.
Trump’s lawyers turned to the judges after New York courts refused to postpone the sentencing, including the state’s highest court on Thursday.
The judges in New York found that the convictions on 34 felony counts of falsifying business records related to personal matters and not Trump’s official business as president. Daniels says she had a sexual encounter with Trump in 2006, but he denies this.
Trump’s lawyers have called the case politically motivated and said sentencing him now would be a “gross injustice” that threatens to disrupt the presidential transition process as the Republican prepares to return to the White House.
Trump is represented by Dr. John Sawyer, whom he chose to be the Solicitor General representing the government before the Supreme Court.
Sawyer also defended Trump in the separate criminal case accusing him of trying to overturn the results of the 2020 election, which resulted in the Supreme Court’s opinion on immunity.
Defense attorneys cited this opinion in arguing that some of the evidence used against him in the secret funds trial should have been protected by presidential immunity. This includes testimony from some White House aides and social media posts while he was in office.
The decision comes a day after Justice Alito confirmed that he received a phone call from Trump the day before the president-elect’s lawyers filed their emergency motion with the Supreme Court. The judge said the call was about a clerk, not any upcoming or current cases.
Sisak reported from New York, Hill reported from Albany, New York. Associated Press writer Mark Sherman contributed to this report.
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