The United States Supreme Court has denied President-elect Trump’s petition to block his Friday sentencing in New York v. Trump.
Trump filed an emergency petition to the U.S. Supreme Court on Wednesday in an effort to prevent his Jan. 10 sentencing, scheduled by Judge Juan Merchan, from taking place.
“The application for stay presented to Justice Sotomayor and by her referred to the Court is denied for, inter alia, the following reasons. First, the alleged evidentiary violations at President-Elect Trump’s state-court trial can be addressed in the ordinary course on appeal,” the order states.
“Second, the burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of unconditional discharge’ after a brief virtual hearing,” the court ruled.
The order also noted that “Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application.”
Trump needed five votes in order to have his request granted. The note on the order suggests Chief Justice John Roberts and Justice Amy Coney Barrett voted with Justices Sonia Sotomayor, Elena Kagan, and Katanji Brown Jackson.
Trump’s sentencing is now expected to move forward, with the president-elect expected to appear virtually for the proceeding, scheduled for 9:30 am Friday.
Merchan set Trump’s sentencing in New York v. Trump for Jan. 10 after a jury found the now-president-elect guilty of falsifying business records in the first degree, stemming from Manhattan District Attorney Alvin Bragg’s investigation. Trump pleaded not guilty to all charges and has appealed the ruling but was rejected last week by Merchan.
TRUMP FILES MOTION TO STAY ‘UNLAWFUL SENTENCING’ IN NEW YORK CASE
Trump’s lawyers, in their petition to the high court, said it should “immediately order a stay of pending criminal proceedings in the Supreme Court of New York County, New York, pending the final resolution of President Trump’s interlocutory appeal raising questions of Presidential immunity, including in this Court if necessary.”
“The Court should also enter, if necessary, a temporary administrative stay while it considers this stay application,” the filing states.
Trump’s attorneys also argued that New York prosecutors erroneously admitted extensive evidence relating to official presidential acts during trial, ignoring the high court’s ruling on presidential immunity.
JUDGE DENIES TRUMP MOTION TO STOP NY CRIMINAL CASE SENTENCING
The Supreme Court, earlier this year, ruled that presidents are immune from prosecution related to official presidential acts.
Trump’s legal team is arguing Merchan should not be permitted to move any further and said their appeal of the ruling “will ultimately result in the dismissal of the District Attorney’s politically motivated prosecution that was flawed from the very beginning, centered around the wrongful actions and false claims of a disgraced, disbarred serial-liar former attorney, violated President Trump’s due process rights, and had no merit.”
Merchan set the sentencing date last week but said he will not sentence the president-elect to prison.
Merchan wrote in his decision that he is not likely to “impose any sentence of incarceration,” but rather a sentence of an “unconditional discharge,” which means there would be no punishment imposed.
Trump will be sworn in as the 47th President of the United States on Jan. 20.
Trump has maintained his innocence in the case and repeatedly railed against it as an example of “lawfare” promoted by Democrats in an effort to hurt his election efforts ahead of November.
