On Thursday, the state of New York filed its response to President-elect Donald Trump appealing to the Supreme Court to block his Friday sentencing in the falsified records case. DA Alvin Bragg said that Trump’s step was "extraordinary" and that "there is no basis for such intervention."
The filing noted that Judge Juan Merchan has indicated that he will impose a sentence of unconditional discharge, which is a sentence "without imprisonment, fine or probation supervision" or any other "condition upon the defendant’s release," and that the people "do not oppose" such a sentence. "Once sentenced, defendant may appeal every preserved argument in the ordinary course," the filing stated.
Bragg wrote that the Supreme Court "lacks jurisdiction over a state court’s management of an ongoing criminal trial when defendant has not exhausted his state-law remedies" and there has not been a final judgment or decree from the New York Court of Appeals.
"Lack of jurisdiction aside, defendant has not satisfied the stringent standards necessary to support the 'extraordinary remedy' of a stay," the filing stated. "His assertion that any invocation of presidential immunity automatically entitles him to a stay pending appeal is incorrect; this Court must instead consider whether a stay is appropriate for the particular claims of immunity that defendant has raised. Here, neither of defendant’s specific claims comes close to justifying a stay of the forthcoming sentencing."
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