Trump sentencing to proceed in New York after Supreme Court rejects appeal

Two conservative justices join three liberal members in a 5-4 decision to clear the way for the sentencing.

US President-elect Donald Trump is set to be sentenced by a New York court for covering up hush money payments to a porn actress after the Supreme Court rejected his last-ditch bid to delay the process that would make him the first convicted felon in the White House.

The highest United States court cleared Trump’s sentencing on Friday, with two conservative justices joining the three liberal members in a 5-4 decision issued late on Thursday.

The sentencing, which Trump is expected to attend online, will happen in the Manhattan courtroom just 10 days before his inauguration for his second term as president.

Chief Justice John Roberts and fellow conservative Justice Amy Coney Barrett joined the court’s three liberal justices – Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson – in forming a majority to deny Trump’s request.

Four conservative justices dissented from the decision, noting they would have granted Trump’s request. They did not provide their reasoning.

The court’s brief, unsigned order gave two reasons for the decision.

The court said the “alleged evidentiary violations” at Trump’s state-court trial “can be addressed in the ordinary course on appeal”.

It also said that “the burden that sentencing will impose” on Trump’s responsibilities “is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of ‘unconditional discharge’ after a brief virtual hearing”.

Trump said in remarks at his Mar-a-Lago residence in Florida after the Supreme Court’s order: “I read it, and I thought was a fair decision, actually.”

Trump added on his social media platform: “For the sake and sanctity of the Presidency, I will be appealing this case, and am confident that JUSTICE WILL PREVAIL.”

Trump was found guilty by a jury last May of 34 counts of falsifying business records to cover up a $130,000 payment to porn star Stormy Daniels in exchange for her silence shortly before the 2016 US election about a sexual encounter, which she said she had with Trump a decade earlier.

Prosecutors have said the payment was designed to help Trump’s chances in the 2016 election, when he defeated Democrat Hillary Clinton.

Trump is the first former US president to be criminally prosecuted and the first former president convicted of a crime. Trump has denied any wrongdoing.

The trial judge, Justice Juan Merchan, said last week he was not inclined to sentence Trump to prison and would likely grant him unconditional discharge.

This would place a guilty judgement on Trump’s record, but would not impose custody, a fine or probation.

Merchan is set to sentence Trump at 9:30am (14:30 GMT) on Friday.