U.S. Supreme Court Permits Sentencing of President-elect Trump in Hush Money Case to Proceed

The United States Supreme Court has opted not to intervene in President-elect Donald Trump’s sentencing related to his hush money criminal case, effectively allowing proceedings to continue uninterrupted. In a close 5-4 decision, the justices decided that a potential sentence of “unconditional discharge” would not interfere with Trump’s presidential transition, while also noting that any evidentiary disputes could be addressed through standard appeals processes. Read more

This decision follows a recent ruling from a New York appeals court, which also declined to pause sentencing earlier on the same day. In the Supreme Court’s order, Chief Justice John Roberts joined Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson in permitting the sentencing to continue. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh dissented, expressing their preference to delay the proceedings.

Trump’s legal team argued against the trial court proceeding, citing his status as president-elect. They contended that the trial court admitted evidence prohibited by an earlier Supreme Court decision which provided immunity to presidents for “official acts.” However, New York authorities countered that Trump was a private citizen at the time the charges were brought and thus subject to prosecution for unofficial actions. Importantly, the state highlighted that Judge Juan Merchan of the trial court intended to issue an unconditional discharge, which would record a felony conviction but not impose further penalties.

The President-elect was convicted in May on 34 felony counts for falsifying business records, which stemmed from efforts to conceal payments to Stormy Daniels, an adult film actress. Trump’s two federal criminal cases are presently on hold following his November electoral victory. Meanwhile, proceedings in Georgia concerning alleged election interference remain paused after a state court ruling disqualified Fulton County District Attorney Fani Willis from the case.

Trump’s sentencing is scheduled to take place on Friday, as the legal proceedings in this high-profile case continue to develop. Court Order