New York's highest court has declined to block President-elect Donald Trump's upcoming sentencing hearing in his "hush money" case, set for Friday. A spokesperson for the New York Court of Appeals confirmed to *Newsweek* that Trump's attempt to delay the sentencing was rejected after Judge Jenny Rivera refused to sign his proposed show cause order.
With the sentencing fast approaching, Trump's last option to prevent the hearing may be the U.S. Supreme Court. If the hearing proceeds as planned, it will take place just ten days before his inauguration.
In May of last year, Trump made history as the first former president convicted of a crime. A Manhattan jury found him guilty of 34 felony counts of falsifying business records related to the hush money payment to adult film actress Stormy Daniels. Daniels alleged a sexual encounter with Trump in 2006, and the $130,000 payment was made just before the 2016 election. Trump has denied the encounter and any misconduct.
Trump's legal team made a procedural mistake by filing their emergency application to the U.S. Supreme Court before first seeking relief from the New York Court of Appeals. They submitted the application late Tuesday, but the lower court did not receive the order to show cause until Wednesday afternoon, after *Newsweek* reported the error. Under standard legal procedure, an appeal to the U.S. Supreme Court should only occur after the New York Court of Appeals has denied relief.
As former federal prosecutor Michael McAuliffe explained to *Newsweek*, it is unusual for the Supreme Court to intervene before sentencing in a state criminal case. Trump’s attorneys argue that a felony conviction would have serious consequences, including distractions during his presidential transition. They also referenced the Supreme Court’s July decision granting former presidents immunity from prosecution for "official acts."
Reports emerged Wednesday that Trump had spoken with Supreme Court Justice Samuel Alito just hours before filing the emergency application. Alito stated that the conversation was related to a potential clerking position and not to the legal matter at hand.
In a letter to Trump's lawyer Todd Blanche, the New York Court of Appeals clerk, Heather Davis, confirmed that Judge Rivera had declined to sign the proposed order, and no motion was pending. Trump's legal team argued in their filing to the Supreme Court that a stay is needed to prevent "grave injustice" to the presidency and federal government operations.
As of Thursday morning, Trump's sentencing remains scheduled for 9:30 a.m. Friday. The emergency motion is being reviewed by Justice Sonia Sotomayor, who handles appeals from New York.
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