Trump's hush money case can p5roceed, court rules
By: Aysha Bagchi
and Maureen Groppe
USA Today
..... New York's highest court refused to halt President-elect Donald Trump's criminal sentencing - scheduled for Friday [01/10/2025] - in his hush money criminal case.
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Thursday's [01/09/2025] ruling is the latest setback for Trump in his effort to get sentencing for his conviction on 34 felony counts derailed after an appeals court upheld the sentencing date Tuesday. [01/07/2025] Trump has also asked the U.S. Supreme Court to halt the sentencing, but it still hasn't ruled on his request.
..... A 12-person Manhattan jury unanimously concluded May 30 [2024] that Trump falsified business records 34 separate times in order to cover up a hush money payment made to adult film actor Stormy Daniels ahead of the 2016 presidential election.
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In his request for the Supreme Court to block the sentencing, Trump argued that Manhattan Judge Juan Merchan doesn't have the authority to sentence him until appeals courts have ruled on Trump's argument that the entire case should be dismissed based on presidential immunity. Trump is arguing that evidence connected to his first presidency was improperly allowed at his trial.
..... In addition, Trump urged the justices to block the sentencing because he is engaging "in the extraordinarily demanding task of preparing OT assume the Executive power of the United States.
..... In a response field Thursday, [01/09/2025] Manhattan District Attorney Alvin Bragg said Trump is making a "extraordinary" claim that the immunity he will enjoy once he returns to the White House applies now.
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"Non-employees of the government do not exercise any official function that would be impaired by the conclusion of a criminal case against a private citizen for private conduct," Bragg told the Supreme Court.
..... Manhattan Judge Juan Merechan already indicated his inclinations to sentence Trump to an "unconditional discharge," which means the soon-to-be-president wouldn't face any ongoing criminal supervisions or conditions. Although normally a conviction on the charges Trump faced would have allowed Merchan to impose a broad range of sentences - from community service to several years in prison - the judge described an unconditional sentence as "the most viable solution" to bring the case to a close, allow Trump to pursue an appeal, and avoid interfering with Trump's upcoming presidency.
..... "While this Court as a matter of law must not take any determination on sentencing prior to giving the parties and defendant an opportunity to be heard, it seems proper at this juncture to make known the Court's inclination to not impose any sentence of incarceration, a sentence authorized by the conviction but one the People concede they no longer view as a practicable recommendation," Merchan wrote in a January 3 [2025] order.
..... Prosecutors in Bragg's office argued in a December 9 [2025] court filing that Merchan might not be permitted to impose jail or prison time given the special legal protections Trump will have during his upcoming presidency.
..... Merchan ruled that Trump could appear virtually rather than in person, if he preferred.