The U.S. Supreme Court denied President-elect Donald Trump’s attempt to delay sentencing in his New York hush money case on Thursday.
Trump’s attorneys had asked the nation’s highest court to intervene and delay Friday’s scheduled sentencing after a jury convicted him last year on 34 felony counts of falsifying business records related to hush money payments made to a porn actor just before the 2016 election. The lawyers had argued the court’s controversial move in July to grant presidents broad immunity from criminal prosecution should negate the sentencing.
But five members of the court — including Chief Justice John Roberts and Justice Amy Coney Barrett, both considered conservatives — rejected those arguments, saying Trump could voice discontent with his trial during the ordinary appeals process.
“Second, the burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trail court’s stated intent to impose a sentence of ‘unconditional discharge’ after a brief virtual hearing,” the court wrote.
The decision notes four conservatives justices on the bench, Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh, would have granted Trump’s request. They did not explain their rationale.
Trump is now almost certain to be sentenced Friday, an unprecedented outcome that will see him become the first felon to be president.
New York Judge Juan Merchan has ordered Trump to attend the hearing, although the president-elect will be allowed to appear virtually. Merchan has indicated he will not impose any jail time or significant penalty against the president-elect. The judge said in recent filings that an unconditional discharge, meaning Trump would face no penalties or conditions, appeared to be the most “viable solution.”