Former U.S. President Donald Trump speaks to the media along with his attorney Todd Blanche as he arrives at Manhattan Criminal Court for his criminal trial for his alleged cover-up of hush money payments on May 30, 2024 in New York City.
Michael M. Santiago | Via Reuters
The U.S. Supreme Court on Thursday narrowly rejected a request from President-elect Donald Trump to dismiss proceedings in his New York hush money trial, clearing the way for his sentencing Friday morning.
Two conservatives — Chief Justice John Roberts and Justice Amy Coney Barrett — joined liberal Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson in the 5-4 decision against Trump's request for an emergency stay.
The other conservatives, Justices Samuel Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh, granted the president-elect's request, the court said in a brief order.
The majority concluded that convicting Trump would impose a “relatively insignificant” burden on his presidential responsibilities because he would be expected to receive a sentence that would not result in actual punishment, the order said.
The five justices were also not swayed by Trump's arguments about the use of certain evidence during his criminal trial.
These alleged violations of evidence “can be resolved in the ordinary appeal process,” the majority decided, according to the decision.
In arguing against the stay of the sentence, the Manhattan district attorney's office had argued that the Supreme Court had no jurisdiction over the case because Trump had not yet exhausted his options to appeal his conviction in state court.
The Supreme Court's decision came hours after New York state's highest appeals court refused to delay sentencing.
Trump said: “I respect the opinion of the court.”
“I think it was actually a very good opinion for us because you saw what they said, but they invited the call,” Trump said at a roundtable event with 22 Republican governors.
“We will appeal [the conviction] At least psychologically,” Trump said. “Because, honestly, it’s a shame.”
Trump was convicted in Manhattan state court last May of 34 counts of falsifying business records in connection with a $130,000 hush-money payment to porn star Stormy Daniels before the 2016 presidential election.
Trump's lawyers argued in a filing with the Supreme Court on Wednesday that any further proceedings should be put on hold while the president-elect appeals the ruling.
The case should be stayed to “prevent grave injustice and harm to the institution of the presidency and the work of the federal government,” they wrote in the 51-page filing.
They argued that as president-elect, Trump was immune from criminal prosecution. New York Court Judge Juan Merchan rejected that claim.
The lawyers also argued that the Manhattan district attorney's office violated Trump's immunity privileges by using evidence of his presidential actions during the hush money trial.
The Supreme Court significantly expanded the scope of presidential immunity last July when it ruled that former presidents enjoy “presumptive immunity” for all official acts.
Manhattan District Attorney Alvin Bragg argued in a filing Thursday that there is “no basis” for the Supreme Court to intervene in the case.
The president-elect's group of lawyers includes several who have been selected for top positions in the next administration's Justice Department.
A New York appeals court and the state's highest court had both rejected Trump's attempt to pause his sentencing hearing Friday morning.
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Merchan had already postponed Trump's sentencing several times, both before and after the November 5 presidential election.
The judge is expected to impose an “unconditional discharge,” meaning Trump will receive no prison time, probation, fines or other conditions.
On Wednesday afternoon, ABC News first reported that Trump spoke with conservative Supreme Court Justice Samuel Alito a day before the president-elect asked the court for an immediate stay.
Alito confirmed the call took place Tuesday afternoon, but said in a statement that the hush money case was not discussed.
“We have not discussed the emergency motion that he filed today, and in fact, at the time of our conversation, I was not even aware that such a motion would be filed,” Alito said.
—CNBC's Dan Mangan contributed to this report.
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