Quotes
The President-elect is, by definition, not yet the President,
Indeed, if defendant is ever to be sentenced in this proceeding, the least burdensome time to do so is now, before his inauguration on January 20, 2025,
The particular immunity-based arguments that defendant has actually raised also do not support any automatic stay. And no discretionary stay of the January 10 sentencing is warranted either."
In the 19-page letter, Wu wrote Rarely if ever has the court confronted a free-speech case that matters to so many people,
lawyers for the users and content creators wrote President Trump alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the Government — concerns which President Trump himself has acknowledged,
D. John Sauer, Trump’s choice to be his administration’s top Supreme Court lawyer, wrote in a legal brief filed with the court President Trump is already suffering grave irreparable injury from the disruption and distraction that the trial court abruptly inflicted by suddenly scheduling a sentencing hearing for the President-Elect of the United States, on five days' notice, at the apex of the Presidential transition. These harms continue to increase as the New York courts deny relief and the sentencing hearing approaches."
Trump attorneys John Sauer and Todd Blanche told the Supreme Court in Tuesday's filing The Supreme Court justices have thrown Trump a procedural lifeline before, though. We saw them expedite both Trump's 14th Amendment and presidential immunity appeals. It only takes four justices to agree to hear a case, and there are six conservatives on the Court. The fact that the Supreme Court asked prosecutors to respond to Trump's appeal is also a good sign for the president-elect."
Neama Rahmani, president of West Coast Trial Lawyers, told Newsweek All of this is puzzling why Trump's attorneys would file at SCOTUS, designating the NY Court of Appeals as the lower court, before ever filing with them. For ex: In Bush v. Gore, Florida's high court weighed in before SCOTUS grabbed it."
Frank Runyeon, a New York courts reporter for Law360, wrote on X, (formerly Twitter Nothing about Donald Trump and the legal system is normal, so we'll all wait to see how the state and federal courts address his latest moves––moves that would be characterized as desperate in any other circumstance. With Trump, many of his legal actions are desperate until they succeed."
Michael McAuliffe told Newsweek Trump has federal constitutional arguments related to presidential immunity, but normally defendants in state cases must exhaust state appeals before they can appeal to the United States Supreme Court."
Former federal prosecutor Neama Rahmani told Newsweek If the Trump legal team misrepresented to the Supreme Court the filing status of a contemporaneous filing in New York's highest court, that would pose both a credibility issue and a possible procedure hurdle for Trump."
Forcing President Trump to prepare for a criminal sentencing in a felony case while he is preparing to lead the free world as President of the United States in less than two weeks imposes an intolerable, unconstitutional burden on him that undermines these vital national interests,
That allows the Supreme Court to consider whether there is an adequate and independent state law basis for the decision, for instance. That is why the Supreme Court rarely considers these types of interlocutory appeals."
In the traditional, normal legal process, the petition to the U.S. Supreme Court should only follow denial of relief by the New York Court of Appeals,
the state's highest court, former federal prosecutor and elected state attorney Michael McAuliffe told Newsweek Intervention by the Supreme Court prior to sentencing in a state criminal case isn't something that occurs,
The upcoming sentencing is in a state criminal case, and the case should move through the state court system prior to any petition to the U.S. Supreme Court. The Trump team is playing all angles by attempting to seek relief both in the state system and in the U.S. Supreme Court."
