Court Rejects Trump's Appeals in Hush Money Case, Sentencing Remains on Track
ICARO Media Group
In a blow to the former president, Donald Trump, New York's Court of Appeals has dismissed two separate appeals related to his hush money case. The court ruled against lifting a gag order that prohibited Trump from criticizing court staff, the jury, and the judge's family. Additionally, the request to delay his sentencing was rejected. The court stated that no substantial constitutional question was directly involved in the appeals.
Trump, the Republican presidential nominee, faced trial in New York City on 34 counts of falsifying business records concerning hush money payments made to adult film actor Stormy Daniels. On May 30, a jury found Trump guilty on all 34 counts. The sentencing, scheduled for November 26, will be conducted by Judge Juan Merchan.
The Court of Appeals summarily dismissed Trump's appeals, citing the absence of substantial constitutional issues. Chief Judge Wilson and Judge Halligan took no part in the decision. The court's sua sponte dismissal signifies that it acted on its own accord without prompting from the prosecutors. Notably, in June, the same court had rejected a previous appeal by Trump to lift the gag order.
During the trial, Judge Merchan determined that Trump had violated the gag order ten times by posting comments on social media. Each violation resulted in a fine of $1,000. Merchan expressed reluctance to jail a former president but warned that he may have no choice if Trump continued to breach the gag order.
In another setback for Trump, a federal appeals court denied his plea to delay the November 26 sentencing. The U.S. Second Circuit Court of Appeals rejected his request to stay the sentencing until arguments on transferring the case to a federal court could be heard. Trump had sought the transfer, claiming that federal courts were better equipped to assess whether the case violated the Supreme Court's ruling on presidential immunity, issued on July 1.
In its 6-3 ruling, the Supreme Court established that presidents have broad immunity for official acts, absolute immunity for core political acts, and some immunity for other acts committed while serving as president. However, they have no immunity for private conduct. The court also prohibited the use of official acts as evidence when pursuing a case against a president for unofficial acts, a ruling that holds relevance in Trump's situation.
Federal District Judge Alvin Hellerstein had previously denied Trump's transfer request, emphasizing that the hush money payments constituted private, unofficial acts falling outside the scope of executive authority. Trump's subsequent appeal to the Second Circuit Court of Appeals, asking for a suspension of Hellerstein's decision, was also dismissed.
As the legal proceedings unfold, Donald Trump finds himself facing the imminent sentencing date, with the hush money case resolutely moving forward.