The U.S. Supreme Court on Monday rejected a Hail Mary effort by the Missouri attorney general to sue New York and stop Donald Trump from being sentenced next month.
The court declined Republican AG Andrew Bailey’s longshot bid seeking an adjournment of the sentencing until after the presidential election and a pause in Trump’s gag order without comment. Bailey argued restrictions on Trump’s ability to publicly attack prosecutors, court staff and their family members, and the relatives of Manhattan District Attorney Alvin Bragg and Judge Juan Merchan violated Missouri voters’ right to hear him say what he wants on the campaign trail.
Conservative justices Sam Alito and Clarence Thomas would have let the suit proceed without granting the emergency relief sought, the brief order noted.
Trump is expected to be sentenced on Sept. 18 following his conviction on 34 felony counts of falsifying business records stemming from his payback to Michael Cohen for a hush-money scheme to hide rumors of his sexual exploits from the 2016 electorate, including with porn star Stormy Daniels.
He could face up to four years on the charges or a term of probation and has asked Merchan to throw out the verdict based on the Supreme Court’s presidential immunity ruling, which the judge is expected to rule on by Sept. 6.
The Trump-allied Bailey tried to stop the historic sentencing from going forward in July, boosting Trump’s unfounded claims that Bragg brought the case to keep him out of the White House in cahoots with President Biden and the Justice Department.
Bailey argued that the gag order interfered with the election and “the ability of Missouri’s electors to receive all information relevant to their decision to choose for whom to vote.”
In opposing the effort, the New York attorney general’s office last month said letting Bailey’s suit proceed would “permit an extraordinary and dangerous end-run around former President Trump’s ongoing state court proceedings” and risk opening the floodgates for similar lawsuits attempting to interfere in his cases.
Of the gag order restrictions, Solicitor General Barbara Underwood noted Trump is already free to speak “about all of the topics that Missouri’s declarants have attested they want to hear — including his views on the Manhattan DA, witnesses, jurors, and the trial court judge.”
A spokeswoman for AG Tish James’ office declined to comment. Bailey’s office did not immediately respond to an inquiry.