Trump’s legal team argued in a court filing that sentencing the president-elect would harm “the institution of the Presidency and the functioning of the federal government.”
“Critically, compelling President Trump to defend a criminal case and attend a sentencing hearing at the height of the Presidential transition poses a constitutionally unacceptable risk to national security and America’s vital interests,” his attorneys stated.
An appeals court in New York denied Trump’s request on Tuesday to delay the January 10 hearing, despite his lawyers’ arguments for dismissal, citing presidential immunity.
By appealing to the US Supreme Court, Trump seeks an unprecedented intervention that could influence how future presidents-elect might invoke presidential immunity to avoid criminal convictions. He was convicted last May on 34 felony counts of falsifying business records linked to $130,000 in hush money payments to adult film actress Stormy Daniels to prevent her from publicizing an alleged affair during the 2016 election. Trump has denied the allegations.
In their filing, Trump’s attorneys asked the Supreme Court to determine whether he is entitled to a stay of the proceedings during his appeal, whether presidential immunity bars the use of evidence related to official acts, and if a president-elect is entitled to the same immunity as a sitting president.
If the court broadens the scope of immunity for a president-elect, it could extend presidential authority, temporarily granting a private citizen the absolute immunity typically reserved for a sitting president.
Trump’s lawyers argued that the Constitution and the doctrine of separation of powers mandate that the President-elect be “completely immune from criminal proceedings.” If the sentencing proceeds on Friday, Trump could face up to four years in prison. However, New York Judge Juan Merchan has indicated he plans to issue an unconditional discharge, meaning Trump would avoid prison time, fines, or probation—essentially leaving a technical mark on his record.
The Supreme Court has requested a response from New York prosecutors by Thursday morning. The Manhattan District Attorney’s office stated they would respond through court filings.
