After the Supreme Court’s latest appeal failed, Trump must endure the embarrassment of a criminal conviction

After the Supreme Court’s latest appeal failed, Trump must endure the embarrassment of a criminal conviction



CNN

The Supreme Court didn’t help Donald Trump… this time.

The court’s 5-4 decision Thursday to reject the president-elect’s last-minute push to delay sentencing in his New York hush money case sets off a jaw-dropping moment – a court date on Friday, just 10 days before Trump for is sworn in for a second term.

Judge Juan Merchan has already stated that he will not impose a prison sentence. But the sentencing hearing will still mean Trump will be the first president to take office with a criminal conviction on his record.

The proximity of the verdict to Trump’s inauguration will lead to a startling juxtaposition. He will be a defendant subject to the authority of a judge and a jury who, within days, will assume the sweeping powers of the President and become the supreme guardian of the nation’s laws and the Constitution.

The word “unprecedented” has become a cliché due to the incredible twists and turns of Trump’s life, his presidential campaigns and his first term in the White House. But he will make another eye-catching piece of history on Friday after defying four criminal charges during the campaign and winning a second term.

Trump will not attend the hearing in the same New York courtroom where he was convicted last year, but will attend virtually from his home in Florida, a person familiar with the matter told CNN’s Kaitlan Collins.

The Supreme Court defeat was a rare reversal of Trump’s strategy of delaying his criminal cases through multiple appeals – which he used in his federal cases to buy time until he could use his executive power to thwart them. Of course, for this to work, he had to keep his end of the bargain and win the election.

Had the Supreme Court ruled differently in this case, it would have emboldened critics who argue that the court facilitated Trump’s attempts to delay accountability after it took him weeks to rule on his claims for broad immunity last year and him then granted considerable protection for official acts. This decision slowed down the processing of federal cases and allowed him to prevent trials from taking place before the election.

Thursday’s ruling – in which two conservatives sided with liberal justices – may provide some reassurance to those who believed the court’s decisions had challenged the notion that every American, regardless of station in life, be equal before the law. But it will not allay widespread fears among liberals that the conservative majority Trump built in his first term will pose significant challenges to the commander-in-chief in a second administration that may test the rule of law and the Constitution more than his first will pay homage.

The president-elect attacked Merchan after the Supreme Court’s decision came down Thursday night. “We will still appeal, just on psychological grounds, because frankly it’s a disgrace. “It’s a judge who shouldn’t be on the case,” Trump told reporters at his Mar-a-Lago club. “So I’m going to do my little thing tomorrow, they can have fun with their political opponent… it’s far from over.”

The president-elect expressed anger and disbelief at his plight during a news conference at Mar-a-Lago earlier this week, as he appeared to be preoccupied with the impact of the impending sentencing on his dignity.

“I am the President-elect of the United States of America. “I’m a former, very successful president,” Trump said, complaining that he was the victim of a “judge who’s working really hard to embarrass him.”

Trump may not have needed further incentive to use his presidential power to avenge what he believes is the weapon of justice against him. But the conviction could refresh his sense of sadness just before he takes power.

Trump was found guilty in May on 34 counts of falsifying business records for making payments to his then-lawyer Michael Cohen to return a $130,000 hush-money payment to adult film star Stormy Daniels to stop her from to speak in court about an alleged affair during the 2016 election. Trump pleaded not guilty in the case and denied the affair.

The two conservatives who joined the liberals were Chief Justice John Roberts and Justice Amy Coney Barrett, appointed by Trump in his first term. Roberts will see Trump face-to-face on Inauguration Day on January 20, as he is expected to preside over the swearing-in ceremony. Four other conservatives would have granted Trump’s request for a stay of conviction, including Justice Samuel Alito, who faced calls from Democrats to fire himself after a recent phone call with Trump about what he said was unrelated.

The majority held that none of the grounds for a stay were founded and said that Trump’s complaints about alleged evidentiary violations could be addressed through his due process of appeal. It also ignored claims by Trump’s lawyers that a conviction would be a burden on his duties as president-elect, saying Merchan had said he intended to sentence him to an unconditional discharge.

In another unusual twist in a stunning legal saga, Trump has selected two of his attorneys who filed the appeal to the top bench, Todd Blanche and D. John Sauer, to serve as deputy attorney general and attorney general, respectively, in his new administration.

Manhattan District Attorney Alvin Bragg’s hush money case was long considered the weakest of the four criminal cases Trump faced in the run-up to the election, but it was the only one to reach a conclusion.

  • U.S. District Court Judge Tanya Chutkan dismissed Trump’s federal election interference case after special counsel Jack Smith concluded that a sitting president cannot be prosecuted, consistent with Justice Department guidance following the November election .
  • Smith’s other prosecution against Trump – for allegedly hoarding classified documents at his Florida home – failed after Trump-appointed Judge Aileen Cannon dismissed the case on the grounds that his appointment as special counsel violated the Constitution. Trump praised Cannon this week as “very brilliant” and “tough.”
  • A fourth trial alleging interference in Georgia’s 2020 election is in limbo after an appeals court disqualified Fulton County District Attorney Fani Willis over the appearance of impropriety regarding her past romantic relationship with one of her colleagues in the case.

Thursday’s decision may not end Trump’s dealings with a Supreme Court that has repeatedly been called into action to resolve the constitutional questions raised during and after a first administration that shattered the president’s norms of behavior.

That’s because the president-elect lost another legal battle Thursday after a federal appeals court declined to block the Justice Department from releasing Smith’s final investigative report.

The 11th U.S. Circuit Court of Appeals suspended DOJ’s release of the report for three days, which could allow time for further appeals.

Trump is expected to ask the Supreme Court again for an opinion.

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