New York's highest appeals court refuses to halt Trump's sentencing in hush money case
Updated: 10:11 AM EST Jan 9, 2025
NEWS TRACKER 12 FOURS DUKE. THANK YOU. IT IS 642. NOW TO THE LEGAL LANDSCAPE. OUR LEGAL ANALYST, ATTORNEY DAN ADAMS, JOINS US EVERY MONDAY BREAKING DOWN THE BIGGEST CASES HAPPENING ACROSS WISCONSIN AND THE COUNTRY. GOOD MORNING TO YOU. DAN, LET’S START WITH PRESIDENT ELECT DONALD TRUMP. CONGRESS WILL CERTIFY HIS ELECTION WIN TODAY, TWO WEEKS BEFORE HIS INAUGURATION. IT COMES AS THE JUDGE PREPARES TO SENTENCE HIM THIS WEEK IN HIS CRIMINAL HUSH MONEY CASE. IN A RARE MOVE, THE JUDGE HAS ALREADY GIVEN INSIGHT INTO WHAT WILL HAPPEN HERE. DAN. YES, IT IS A RARE MOVE FOR A JUDGE TO TIP THEIR HAND AS TO WHAT THEIR SENTENCE WILL BE IN A CRIMINAL CASE. BUT AGAIN, THE JUDGE WAS RESPONDING TO A MOTION TO DISMISS AFTER THE TRIAL, WHERE TRUMP’S LAWYER SAID THAT BASICALLY, THE PRESIDENTIAL IMMUNITY AND SUPREMACY CLAUSE ESSENTIALLY BOOTSTRAPPING THE DECISION RELATING TO THE D.C. FEDERAL INDICTMENT THAT WAS APPEALED ALL THE WAY TO THE SUPREME COURT LAST YEAR WITH A FAVORABLE RULING TOWARDS TRUMP, SHOULD BE APPLIED IN THIS CASE. THE STATE CASE IN NEW YORK. AGAIN, THIS WAS AFTER A SEVEN WEEK TRIAL OF PRESIDENT ELECT TRUMP WAS CONVICTED OF 34 FELONY COUNTS FOR FALSIFYING BUSINESS RECORDS. THIS IS THE STORMY DANIELS CASE, THE JUDGE SAID. NO. BEING PRESIDENT ELECT DOES CONFER THE SAME IMMUNITY AS BEING THE ACTUAL PRESIDENT. SO PLEASE APPEAR FOR YOUR SENTENCING. AND IN FACT, THIS CASE HAS BEEN SET FOR SENTENCING 3 OR 4 TIMES AT THIS POINT. AND WHAT THE JUDGE HAS DONE IS SAID, NO, YOU DON’T GET TO DISMISS THE COMPLAINT, BUT WE ARE GOING TO SENTENCE YOU AND I’M GOING TO TIP MY HAND TO SAY, YOU’RE NOT GOING TO GO TO JAIL. YOU’RE NOT GOING TO GET PROBATION, YOU’RE GOING TO GET WHAT’S CALLED A UNCONDITIONAL DISCHARGE, WHICH UNDER NEW YORK LAW BASICALLY MEANS THE CONVICTION STAND. YOU CAN START TO APPEAL YOUR CASE, BUT YOU’RE NOT GOING TO HAVE ANY TYPE OF PUNISHMENT OR PENALTY. SO THAT’S WHAT PRESIDENT ELECT TRUMP IS LOOKING AT THIS WEEK. IF HE ACTUALLY SHOWS UP TO THE NEW YORK COURTHOUSE, THE JUDGE HAS SAID HE CAN APPEAR VIA ESSENTIALLY ZOOM FOR A TELEPHONIC APPEARANCE, WHICH AGAIN SIGNALS THE JUDGE NOT TO LOOKING TO TAKE HIM INTO CUSTODY OR DO ANYTHING LIKE THAT. NOW, IF TRUMP WERE NOT TO ACTUALLY APPEAR BY ZOOM, I DON’T KNOW WHAT THE JUDGE IN NEW YORK COULD DO ABOUT IT. YEAH, AND TRUMP’S TEAM HAS ALREADY TIPPED THEIR HAND AS WELL, SAYING THAT THEY DO PLAN TO APPEAL FULLY APPEAL THIS CRIMINAL CONVICTION. ACTOR AND DIRECTOR JUSTIN BALDONI IS NOW SUING THE NEW YORK TIMES FOR $250 MILLION, FOLLOWING THEIR REPORTING ON THE FEUD BETWEEN HIM AND HIS COSTAR BLAKE LIVELY. HE IS SUING THE TIMES FOR LIBEL. THIS IS A CASE THAT HAS A LOT OF LEGS. TALK ABOUT WHAT’S GOING ON HERE, DAN. OH BOY, THIS IS HOLLYWOOD PR BY LAWSUIT. ESSENTIALLY. LAST MONTH, BLAKE LIVELY FILED A COMPLAINT WITH THE CALIFORNIA CIVIL RIGHTS COMMISSION SAYING THAT SHE WAS SEXUALLY HARASSED AND FURTHERMORE, THAT BALDONI AND HIS PR HENCHMEN BASICALLY WENT OUT TO SMEAR HER DURING THE PR FOR THEIR FILM. IT ENDS WITH US. THEY HAVE TEXT MESSAGES WITH THESE PR PEOPLE AND BALDONI’S PEOPLE TALKING ABOUT HOW THEY’RE GOING TO PURSUE THIS SMEAR. SO THERE WAS THIS LAWSUIT. LIVELY IS ALSO FILED NOW A FEDERAL LAWSUIT WITH THE SAME ALLEGATIONS. HOWEVER, BALDONI, IN HIS PR LAWSUIT HAS FILED AGAINST THE NEW YORK TIMES, SAYING THAT THEY HAVE DEFAMED HIM BECAUSE THEY KNEW MANY OF THESE TEXT MESSAGES WERE TAKEN OUT OF CONTEXT. SO AGAIN, THIS IS A BIG FIGHT NOW IN MULTIPLE COURTROOMS BETWEEN THESE TWO HOLLYWOOD STARS, IT SEEMS, AGAIN, MORE ABOUT PR POSTURING THAN ANY TYPE OF RECOURSE IN THE COURTS. YEAH, DEFINITELY NOT THE END THAT WE’VE SEEN IN THIS CASE. DAN ADAMS, IT’S GOOD TO
New York's highest appeals court refuses to halt Trump's sentencing in hush money case
Updated: 10:11 AM EST Jan 9, 2025
New York's highest court on Thursday declined to block Donald Trump's upcoming sentencing in his hush money case, leaving the U.S. Supreme Court as the president-elect's likely last option to prevent the hearing from taking place Friday.One judge of the New York Court of Appeals issued a brief order declining to grant a hearing to Trump's legal team.Trump has asked the Supreme Court to call off Friday’s sentencing. His lawyers turned to the nation’s highest court Wednesday after New York courts refused to postpone the sentencing by Judge Juan M. Merchan, who presided over Trump’s trial and conviction last May on 34 felony counts of falsifying business records. Trump has denied wrongdoing.In a filing to the top New York court, Trump’s attorneys had said Merchan and the state’s mid-level appellate court both “erroneously failed” to stop the sentencing, arguing that the Constitution requires an automatic pause as they appeal the judge’s ruling upholding the verdict.While Merchan has indicated he will not impose jail time, fines or probation, Trump’s lawyers argued a felony conviction would still have intolerable side effects, including distracting him as he prepares to take office.Trump’s attorneys have argued that the Manhattan trial violated last summer’s Supreme Court ruling giving Trump broad immunity from prosecution over acts he took as president. At the least, they have said, the sentencing should be delayed while their appeals play out on the immunity issue.Judges in New York have found that Trump's convictions related to personal matters rather than official acts.Trump’s attorneys called the case politically motivated, and said that the sentencing threatens to disrupt the Republican's presidential transition as he prepares to return to the presidency on Jan. 20.Sentencing Trump now would be a “grave injustice,” his attorney D. John Sauer wrote. Sauer is also Trump’s pick to be solicitor general, who represents the government before the high court.The emergency motion to the U.S. Supreme Court was submitted to Justice Sonia Sotomayor, who hears emergency appeals from New York.
ALBANY, N.Y. — New York's highest court on Thursday declined to block Donald Trump's upcoming sentencing in his hush money case, leaving the U.S. Supreme Court as the president-elect's likely last option to prevent the hearing from taking place Friday.
One judge of the New York Court of Appeals issued a brief order declining to grant a hearing to Trump's legal team.
Trump has asked the Supreme Court to call off Friday’s sentencing. His lawyers turned to the nation’s highest court Wednesday after New York courts refused to postpone the sentencing by Judge Juan M. Merchan, who presided over Trump’s trial and conviction last May on 34 felony counts of falsifying business records. Trump has denied wrongdoing.
In a filing to the top New York court, Trump’s attorneys had said Merchan and the state’s mid-level appellate court both “erroneously failed” to stop the sentencing, arguing that the Constitution requires an automatic pause as they appeal the judge’s ruling upholding the verdict.
While Merchan has indicated he will not impose jail time, fines or probation, Trump’s lawyers argued a felony conviction would still have intolerable side effects, including distracting him as he prepares to take office.
Trump’s attorneys have argued that the Manhattan trial violated last summer’s Supreme Court ruling giving Trump broad immunity from prosecution over acts he took as president. At the least, they have said, the sentencing should be delayed while their appeals play out on the immunity issue.
Judges in New York have found that Trump's convictions related to personal matters rather than official acts.
Trump’s attorneys called the case politically motivated, and said that the sentencing threatens to disrupt the Republican's presidential transition as he prepares to return to the presidency on Jan. 20.
Sentencing Trump now would be a “grave injustice,” his attorney D. John Sauer wrote. Sauer is also Trump’s pick to be solicitor general, who represents the government before the high court.
The emergency motion to the U.S. Supreme Court was submitted to Justice Sonia Sotomayor, who hears emergency appeals from New York.