Friday, January 10, 2025

U.S. Supreme Court, which almost always sides with Donald Trump, finally refuses to protect him, paving the way for him to be sentenced as a convicted felon

 

Trump exits after a rare loss before SCOTUS (Getty)

The six conservative justices on the U.S. Supreme Court (SCOTUS) have been Donald Trump's best friends, making a string of dubious rulings that culminated in Trump's "victory" in the 2024 election -- even though an objective reading of the U.S. Constitution (14th Amendment, Section 3) makes it clear Trump was disqualified from being on the ballot due to his actions as an insurrectionist on Jan. 6, 2021. But Trump's cozy relationship with the high court did not save him yesterday as the justices refused to delay his sentencing in the New York hush-money case involving Stormy Daniels. Trump's sentencing is expected to go forward as planned today, securing his place as the first convicted felon to become president. How did the SCOTUS ruling unfold in the case where Trump was found guilty on 34 counts of falsifying business records? Avery Lotz and April Rubin, of Axios, explain. Under the headline "Supreme Court denies Trump's effort to stop hush money sentencing," they write:

The Supreme Court on Thursday denied President-elect Trump's request to delay his Friday sentencing in his criminal hush money case.

Why it matters: Though Trump faces no jail time for his 34 felony convictions, the Supreme Court's decision is the final blow to his efforts to sideline his sentencing just days before he returns to the White House.

  • The sentencing will formalize his status as the only living president to be convicted of a crime.

What he's saying: Trump said on Truth Social Thursday evening he appreciated the "time and effort" the Supreme Court had taken "in trying to remedy the great injustice done to me," as he complained about presiding Judge Juan Merchan and his prosecution in the New York case.

  • "For the sake and sanctity of the Presidency, I will be appealing this case, and am confident that JUSTICE WILL PREVAIL," he said, indicating he will appeal the sentencing.

What was Trump's goal in taking this issue to the nation's high court, other than trying to buy time? Lotz and Rubin write:

Catch up quick: Trump turned to the Supreme Court in an 11th-hour attempt to halt proceedings in the case while his presidential immunity appeals play out.

  • "Forcing President Trump to prepare for a criminal sentencing in a felony case while he is preparing to lead the free world as President of the United States in less than two weeks imposes an intolerable, unconstitutional burden on him that undermines these vital national interests," Trump's team wrote in their appeal to the Supreme Court.
  • His attorneys further contended that presidential immunity should extend to presidents-elect in the "brief but crucial" time before they take office.

In finally refusing to alter the law to protect Trump, SCOTUS administered  a rare kick in the teeth for the president-elect. Here is how the court's vote broke down:

State of play: The 5-4 decision by the conservative-majority court all but ensures that Trump's sentencing continues as planned for Friday.

  • Chief Justice John Roberts and Amy Coney Barrett, whom Trump appointed to the high court, sided with the liberal justices in making the decision.

Zoom in: Trump's sentencing will place a "relatively insubstantial" burden on his responsibilities as president-elect, the Supreme Court said.

  • Merchan has indicated that he'd impose a sentence of "unconditional discharge."

Perhaps the most clear-eyed statement on the outcome, illuminating the weak nature of Trump's case, came from New York District Attorney Alvin Bragg:

Zoom out: District Attorney Alvin Bragg argued in a Thursday filing to the Supreme Court that there is "no basis for such intervention" to take the "extraordinary step" of halting sentencing before the court's final decision.

  • The "defendant makes the unprecedented claim that the temporary presidential immunity he will possess in the future fully immunizes him now, weeks before he even takes the oath of office," Bragg wrote of Trump's stay request.

If Trump's argument to the court sounds preposterous, that's because it is -- and Alvin Bragg deserves props for spelling that out to the public. How did we get here? Lotz and Rubin provide background:

Flashback: A New York jury found Trump guilty on 34 counts of falsifying business records last year, making him the first-ever former U.S. president to be a convicted felon.

  • But the Supreme Court's ruling that presidents have immunity for "official acts" gave Trump legal ammunition in his numerous attempts to see the case tossed or postponed.
  • His federal criminal cases crumbled after his presidential win, and his Georgia case remains frozen in limbo.

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