Nov 20, 2024

Supreme Court Rejects Missouri's Bid to Halt Trump's Sentencing in Hush Money Case

by Lawrence J. Tjan | Aug 06, 2024
A man speaking at a podium in front of a state seal and American flag. Photo Source: Andrew Bailey's Office via Missourinet.com

Reuters reported that the U.S. Supreme Court on Monday denied Missouri's request to delay former President Donald Trump's sentencing in a high-profile felony case involving hush money payments. The Court's decision leaves in place a related gag order on Trump until after the upcoming presidential election on November 5.

The Supreme Court's unsigned order was in response to Missouri's lawsuit, which argued that the case against Trump infringed on voters' constitutional rights to hear from the Republican presidential nominee. The decision was not unanimous, as conservative Justices Clarence Thomas and Samuel Alito expressed their willingness to take up the case but clarified they would not grant other relief.

Missouri's Republican Attorney General Andrew Bailey filed a lawsuit on July 3 against New York state, requesting the Supreme Court to pause Trump's sentencing and lift the gag order imposed by New York state judge Juan Merchan. The lawsuit argued that the criminal case against Trump violated Missouri residents' First Amendment rights to hear from and vote for their preferred candidate.

Bailey's legal argument emphasized that New York's actions amounted to an attempt to influence the 2024 presidential election by targeting Trump. Republican attorneys general from Florida, Iowa, Montana, and Alaska supported Missouri's lawsuit.

Trump was convicted in May of falsifying business records to conceal a $130,000 payment to adult film actress Stormy Daniels. The payment was allegedly made to secure her silence about a purported sexual encounter with Trump before the 2016 election. Prosecutors contended that the payment was intended to enhance Trump's electoral prospects against Democratic candidate Hillary Clinton.

Trump faces multiple legal challenges, including federal and state criminal charges related to his efforts to overturn his 2020 election defeat to President Joe Biden. In a separate ruling on July 1, the Supreme Court granted Trump substantial criminal immunity for actions taken while in office, making it unlikely that he will face trial in the federal election subversion case before the election.

Trump's legal team quickly leveraged this immunity ruling in their efforts to overturn the hush money verdict, arguing that prosecutors improperly used Trump's 2018 social media posts, which they claimed were official communications made during his presidency.

Judge Juan Merchan has indicated that he will rule on Trump's arguments by September 6. If the conviction is upheld, Trump is scheduled to be sentenced on September 18. Additionally, a New York state appeals court recently rejected Trump's challenge to the gag order, which prevents him from publicly commenting on individual prosecutors and other involved parties until his sentencing.

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Lawrence J. Tjan
Lawrence J. Tjan
Lawrence is an attorney with experience in corporate and general business law, complemented by a background in law practice management. His litigation expertise spans complex issues such as antitrust, bad faith, and medical malpractice. On the transactional side, Lawrence has handled buy-sell agreements, Reg D disclosures, and stock option plans, bringing a practical and informed approach to each matter. Lawrence is the founder and CEO of Law Commentary.

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