A divided US Supreme Court cleared the way for President-elect Donald Trump’s sentencing in his hush money criminal case, dealing him a symbolic setback as he prepares to begin his second term in office.
Voting 5-4, the justices on Thursday rejected Trump’s request to halt the New York sentencing as state appellate courts consider his claims of presidential immunity. The sentencing is set for 9:30 a.m. Friday.
In a one-page unsigned order, the court said Trump’s immunity arguments “can be addressed in the ordinary course on appeal.” The court also said the burden of the sentencing on Trump would be “relatively insubstantial” in light of the New York judge’s plan not to order prison time and to impose a sentence of “unconditional discharge.”
Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal justices in the majority. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh dissented, without giving any explanation.
Trump argued in legal filings that allowing the sentencing to go forward would be a distraction to his presidential transition and undermine his standing as a world leader during his second term in office.
Trump has been fighting since November to wipe out the verdict in light of his election victory, arguing that the immunity from prosecution enjoyed by sitting presidents should be extended to him as president-elect. Trump also argues the trial was tainted by evidence that would have been barred under the Supreme Court’s new standard on presidential immunity from a landmark July ruling.
The 78-year-old incoming president can still appeal – and argue for immunity – in New York state courts. Ultimately, the case could return to the US Supreme Court for final resolution after New York’s appellate courts weigh in.
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