BREAKING: Supreme Court declines Trump request to halt sentencing in NY case

The ruling was 5-4. Amy Coney Barrett voted against Trump’s request.

Although prison time remains unlikely, Trump’s legal team urged the Supreme Court to delay his sentencing, arguing that blocking the sentencing would “prevent grave injustice and harm to the institution of the Presidency and the operations of the federal government.”

Judge Juan Merchan scheduled Donald Trump’s sentencing for tomorrow in the so-called hush-money case, allowing him the option to appear virtually. In his ruling, Merchan indicated that while incarceration remains a potential penalty, it is not likely to be imposed. He stated, “It seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration, a sentence authorized by the conviction but one the People concede they no longer view as a practicable recommendation.”

Trump blasted Merchan in a statement earlier this week: “Every Legal Scholar and Pundit, including the highly respected, and sadly recently passed, David Rivkin, as well as Jonathan Turley, Elie Honig, Andy McCarthy, Alan Dershowitz, Gregg Jarrett, Elizabeth Price Foley, Katie and Andy Cherkasky, Paul Ingrassia, and many others, have unequivocally stated that the Manhattan D.A.’s Witch Hunt is a nonexistent case, which is not only barred by the Statute of Limitations but, on the merits, should never have been brought.” 

The Supreme Court previously rejected an attempt to delay sentencing in the case, issuing a brief order in response to a request from Missouri Attorney General Andrew Bailey in August, when Trump’s sentencing was still scheduled for September. The Court ruled, “Missouri’s motion for leave to file a bill of complaint is denied, and its motion for preliminary relief or a stay is dismissed as moot.” Justices Clarence Thomas and Samuel Alito dissented, stating they would have allowed the bill of complaint to proceed but would not have granted further relief.

Trump responded Thursday night with a post on Truth that read:

“I appreciate the time and effort of the United States Supreme Court in trying to remedy the great injustice done to me by the highly conflicted “Acting Justice,” who should not have been allowed to try this case. Every Legal Scholar stated, unequivocally, that this is a case that should never have been brought. There was no case against me. In other words, I am innocent of all of the Judge’s made up, fake charges. This was nothing other than Weaponization of our Justice System against a Political Opponent. It’s called Lawfare, and nothing like this has ever happened in the United States of America, and it should never be allowed to happen again. To this day, this highly political and corrupt Judge has put a gag order on me, which takes away my First Amendment right to speak about very important aspects of the case. For the sake and sanctity of the Presidency, I will be appealing this case, and am confident that JUSTICE WILL PREVAIL. The pathetic, dying remnants of the Witch Hunts against me will not distract us as we unite and, MAKE AMERICA GREAT AGAIN!”

Trump was convicted by a New York jury in May on 34 felony counts of falsifying business records and was initially scheduled to be sentenced in July. However, his sentencing has been postponed several times following a Supreme Court ruling that while presidents are immune from prosecution for official actions, that immunity does not extend to unofficial conduct.