In a significant decision on Monday, the U.S. Supreme Court dismissed Missouri’s attempt to delay the sentencing of Donald Trump following his conviction in New York on felony charges related to hush money paid to a porn star. This ruling also upheld a related gag order until after the November 5 presidential election.
The justices’ decision was in response to Missouri’s lawsuit, which argued that the case against Trump violated the constitutional rights of voters. Missouri claimed that voters had the right to hear from the Republican presidential nominee as he campaigns to return to the White House.
The Supreme Court’s order was left unsigned. Notably, conservative Justices Clarence Thomas and Samuel Alito expressed that they would have considered Missouri’s case but would not have granted other relief.
In May, Trump was found guilty of falsifying business records to conceal a $130,000 payment to porn star Stormy Daniels. This payment was intended to secure her silence about an alleged sexual encounter with Trump prior to the 2016 election, which Trump won against Democrat Hillary Clinton. Trump denies the affair and plans to appeal his conviction after his scheduled sentencing in September. Trump was also found liable for sexual abuse and defamation in a civil case brought by writer E. Jean Carroll.
Missouri’s Republican Attorney General Andrew Bailey filed the lawsuit against New York on July 3, asking the Supreme Court to pause both Trump’s sentencing and the gag order issued by New York state judge Juan Merchan.
Bailey’s lawsuit contended that the criminal case against Trump infringed on Missouri residents’ First Amendment rights to “hear from and vote for their preferred presidential candidate.” He accused progressive forces in New York of trying to manipulate the 2024 election by attacking the democratic process directly.
Support for Missouri’s lawsuit came from Republican attorneys general in Florida, Iowa, Montana, and Alaska, who filed a brief with the Supreme Court.
Trump is also facing several federal and Georgia state charges related to his attempts to overturn his 2020 election loss to Joe Biden.
Donald trump. Photo: The Independent
In a separate July 1 ruling, the Supreme Court’s conservative majority granted Trump significant criminal immunity for actions taken while in office. This decision effectively ensures that Trump will not face trial in the federal election subversion case before the upcoming election.
Following this ruling, Trump’s lawyers sought to overturn the hush money conviction, arguing that the prosecutors improperly relied on Trump’s 2018 social media posts, which they claimed were official communications.
Judge Merchan indicated he would rule on Trump’s arguments by September 6. If the conviction is upheld, Trump’s sentencing is set for September 18. In New York, falsifying business records in the first degree is a Class E felony. Each count of this felony can carry a maximum sentence of four years in prison. Given that Trump was convicted on all 34 counts, and if the sentences are ordered to be served consecutively, he could theoretically face a lengthy prison term. However, consecutive sentences are unlikely in this context, and it is more common for sentences to be served concurrently.
Recently, a New York state appeals court dismissed Trump’s challenge to the gag order. The Appellate Division in Manhattan’s decision means Trump cannot publicly comment on individual prosecutors and others involved in the case until his sentencing, despite his assertions that all charges are politically motivated.
The wildest three weeks of politics have seen Trump going from the front-runner to losing to Kamala Harris in the most recent polls. Harris has an outright lead over Trump in three of those recent polls, including those conducted by Daily Kos/Civiqs (49 percent to 45 percent), Reuters (43 percent to 42 percent), and Morning Consult (47 percent to 46 percent).