The decision was surprising because it was a 5-4 split, with the three most conservative justices (Thomas, Alito, Gorsuch) and Justice Kavanaugh supporting Trump's request, while the three liberal justices, Chief Justice Roberts, and Justice Amy Coney Barrett denied it. This was unexpected given Trump's argument for special treatment as a president-elect without providing substantial justification.
Prosecutors argued that the jury verdict must be respected and cannot be dismissed without cause. They also countered Trump's claim that his transition responsibilities would be burdened by the sentencing, stating that his responsibilities were relatively insubstantial in this context.
An unconditional discharge means Trump will not face jail time, probation, or fines. The sentencing is symbolic, marking him as a convicted felon, which carries significant stigma, especially as he becomes the first U.S. president to be sworn in with a felony conviction.
Trump can appeal the conviction through the New York appellate courts within 30 days of sentencing. He can raise issues like presidential immunity, though similar arguments were previously rejected by New York's highest court. The appeals process could take years.
The call raised ethical concerns because it occurred hours before Trump's lawyers filed papers with the Supreme Court. While Alito stated they did not discuss Trump's cases, the timing created an appearance of impropriety, though no formal ethical violation was found.
Trump will be the first U.S. president to take office as a convicted felon, which is historically unprecedented. While the conviction carries no legal penalties like jail time or fines, it adds significant stigma and could influence public perception and political dynamics.
The sentencing is expected to be brief, with Judge Juan Merchan imposing an unconditional discharge. Trump may make a statement, but the hearing will likely be quick and conducted virtually, as the judge has already outlined the outcome.
A divided US Supreme Court cleared the way for President-elect Donald Trump’s sentencing in his hush money criminal case, dealing him a setback as he prepares to begin his second term in office. For reaction and perspective, host Doug Krizner speaks with Bloomberg legal analyst and host of Bloomberg Law, June Grasso.
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