AP Photo/Evan Vucci
While President-elect Donald Trump — and all four of the other living presidents — are at the Washington National Cathedral attending the funeral services for former President Jimmy Carter, the New York Court of Appeals has ruled on Trump's request to stay sentencing in the Manhattan criminal case against him, currently set for Friday morning.
In a brief letter from Court Clerk Heather Davis directed to Trump's attorney, Todd Blanche, she indicates that Judge Jenny Rivera reviewed the proposed order submitted on behalf of Trump and has declined to sign it, meaning the court will not entertain his request for stay.
ALBANY, N.Y. (AP) — New York’s highest court on Thursday declined to block Donald Trump’s upcoming sentencing in his hush money case, leaving the U.S. Supreme Court as the president-elect’s likely last option to prevent the hearing from taking place Friday.
One judge of the New York Court of Appeals issued a brief order declining to grant a hearing to Trump’s legal team.
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In a filing to the top New York court, Trump’s attorneys had said Merchan and the state’s mid-level appellate court both “erroneously failed” to stop the sentencing, arguing that the Constitution requires an automatic pause as they appeal the judge’s ruling upholding the verdict.
Trump also filed an emergency application with the United States Supreme Court on Thursday. We can expect a ruling on that shortly and will, of course, report on that as soon as it is handed down.
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RELATED ARTICLE
NEW: Trump Files Emergency Application With SCOTUS to Place Sentencing on Hold
By Susie Moore | RedState.com
Wednesday morning, Trump's legal team filed an emergency application with the U.S. Supreme Court (bypassing the New York Court of Appeals) seeking a stay of the proceedings.
"President Trump’s legal team filed an emergency petition with the United States Supreme Court, asking the Court to correct the unjust actions by New York courts and stop the unlawful sentencing in the Manhattan D.A.’s Witch Hunt," Trump spokesman and incoming White House communications director Steven Cheung told Fox News Digital.
"The Supreme Court’s historic decision on Immunity, the Constitution, and established legal precedent mandate that this meritless hoax be immediately dismissed."
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Trump's lawyers, in their petition to the high court, said it should "immediately order a stay of pending criminal proceedings in the Supreme Court of New York County, New York, pending the final resolution of President Trump’s interlocutory appeal raising questions of Presidential immunity, including in this Court if necessary."
"The Court should also enter, if necessary, a temporary administrative stay while it considers this stay application," the filing states.
Expect a fairly quick turnaround from the Supreme Court. They've already issued a series of orders Wednesday morning, but we may see a response from them on Trump's application yet today. If they decline to enter the stay, sentencing will proceed on Friday, though Merchan has indicated he'll likely impose an "unconditional discharge," meaning the conviction will stand (for now), but there will be no incarceration or serious punishment imposed.
We'll continue to follow the story and provide updates as they become available.
