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Inauguration day is just over a week away. One issue threatens it all.

That’s why Trump filed an emergency case with the U.S. Supreme Court to save him at the last minute.

Trump Seeks to Block Criminal Proceedings in Hush Money Case as Sentencing Approaches

President-elect Donald Trump has made a last-ditch effort to block the ongoing criminal proceedings in his hush money case in New York, with his sentencing scheduled for this Friday. In a move that could delay the legal process, Trump’s legal team has asked the U.S. Supreme Court to intervene, issuing a request for the court to stop the proceedings in the New York trial court. The court has given New York prosecutors until Thursday morning to respond to Trump’s request, leaving the justices with a limited timeframe to decide on the matter before the scheduled sentencing.

Trump’s legal team argues that continuing with the case would result in “grave injustice” and could harm both the institution of the presidency and the broader operations of the federal government. “This Court should enter an immediate stay of further proceedings in the New York trial court to prevent grave injustice and harm to the institution of the Presidency and the operations of the federal government,” Trump’s lawyers wrote in the filing.

The crux of Trump’s argument centers on the claim that he should be shielded from criminal prosecution due to presidential immunity. This concept was affirmed by the U.S. Supreme Court earlier this year, and Trump’s legal representatives assert that it extends to him in this case. “The Supreme Court’s historic decision on Immunity, the Constitution, and established legal precedent mandate that this meritless hoax be immediately dismissed,” said Trump spokesman Steven Cheung, in a statement addressing the matter.

The legal struggle comes after a New York appeals court judge on Tuesday refused to block Trump’s sentencing, which had been delayed previously. In May, Trump was convicted on 34 felony counts for falsifying business records related to hush money payments made by his former attorney Michael Cohen. The payments were intended to prevent adult film star Stormy Daniels from going public with claims of a s*xual encounter she had with Trump in 2006 — a claim that Trump has consistently denied.

Trump’s lawyers contend that some of the evidence used in the trial focused on actions Trump took while serving as president, which they argue should fall under the protections afforded to a sitting president. Additionally, in an unprecedented move, Trump’s legal team argues that a president-elect should enjoy the same immunity from criminal prosecution as a sitting president.

Judge Juan Merchan, who oversaw the trial, had initially postponed Trump’s sentencing in July following the Supreme Court’s decision on presidential immunity, which set new parameters for such protections. However, Merchan ruled that Trump would not be granted immunity until he is officially sworn in as president. As a result, the judge has scheduled Trump’s sentencing for Friday morning.

The Supreme Court’s controversial ruling on presidential immunity came in a separate case in which Trump was charged with attempting to overturn the results of the 2020 presidential election. With Trump preparing to return to the presidency, that case has since been dropped. The ruling clarified that certain actions taken by a president in an official capacity are immune from criminal prosecution, but actions taken in a personal capacity are not protected.

The request to the Supreme Court was filed by D. John Sauer, a lawyer who Trump intends to appoint as Solicitor General in his new administration. The filing also lists Todd Blanche, another member of Trump’s legal team, who has been nominated for the position of Deputy Attorney General.

Donald Trump’s legal team filed this emergency case with the U.S. Supreme Court after a New York appellate court had ruled on Tuesday that they would not be bringing a halt to the hush money case. Given the time sensitive nature of the matter with the sentencing on the horizon, Trump’s legal team has opted to bypass the lower federal courts to head straight to the U.S. Supreme Court.

New York state lawyers called any appeal with the federal judicial system a “hail mary” that won’t work, though that is yet to be seen. The U.S. Supreme Court does carry a strong conservative bench, with three of the Justices serving who were appointed by Donald Trump himself. It’s certainly not impossible for the High Court to shut down the sentencing in this case with inauguration day just around the corner.

“I wouldn’t be surprised if he attempts to get a federal court to intervene at this point, but that’s really a Hail Mary,” a New York state lawyer, Mark Zauderer, shared with reporters after the New York appellate court ruled to decline the halting of sentencing in the hush money case.

In April after the initial U.S. Supreme Court ruling on Presidential immunity (especially as it relates to Donald Trump), Mr. Trump hard argued that “all” the “witch hunts” were now to be dismissed on the grounds of Presidential immunity.

“It is clear that the Supreme Court’s Historic Decision on Immunity demands and requires a Complete and Total Dismissal of ALL the Witch Hunts — The January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a 40 year old photo in a line with her then husband does not count!), and the Georgia ‘Perfect’ Phone Call charges,” he wrote on his Truth Social account in April.

Stay tuned to the DC Daily Journal.

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