WEBVTT - Instant Reaction: Supreme Court Allows Trump Sentencing 

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<v Speaker 1>Bloomberg Audio Studios, podcasts, radio news.

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<v Speaker 2>Let's get to legal analyst June Grosso, host of Bloomberg Law. June,

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<v Speaker 2>I'm sure it's been busy for you in the last

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<v Speaker 2>half hour trying to get up to speed. How was

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<v Speaker 2>this decision divided? In what way did the court come down?

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<v Speaker 1>Well, that was the surprise of this decision that it

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<v Speaker 1>was a five to four decision. So the three most

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<v Speaker 1>conservative justice is Thomas Alito, Gorsich, and Justice Kavanaugh, who

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<v Speaker 1>tends to be in the middle somewhere, would have granted

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<v Speaker 1>this application. So it was the three liberal justices, the

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<v Speaker 1>Chief Justice and Justice Amy Cony Barrett, who denied it.

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<v Speaker 1>So that's kind of surprising because when you look at

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<v Speaker 1>Trump's arguments, what he was asking for is to be

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<v Speaker 1>treated differently from any criminal descendant, without really providing any

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<v Speaker 1>good explanations for why that should happen. He wanted them

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<v Speaker 1>to basically extend that controversy ruling giving presidents broad immunity

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<v Speaker 1>from criminal prosecution for official acts. He wanted them to

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<v Speaker 1>extend that to a president elect, and they refused to do. So.

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<v Speaker 1>What they said was that the issues that he's raising

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<v Speaker 1>can be raised on appeal in the New York case.

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<v Speaker 1>And also he had claimed that his responsibilities as president

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<v Speaker 1>elect during the transition would be burdened by his appearing

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<v Speaker 1>at this sentencing, and they said that his responsibilities were

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<v Speaker 1>not were relatively insubstantial in this sentencing. So they just

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<v Speaker 1>basically said no way.

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<v Speaker 2>So in terms of prosecutors pushing back, what was the

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<v Speaker 2>argument essentially, Well.

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<v Speaker 1>The prosecutor said that one of the things they said

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<v Speaker 1>was that this was a jury verdict, and under our system,

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<v Speaker 1>we have to really treasure jury verdicts. We have to

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<v Speaker 1>respect jury verdicts, and you can't just throw out a

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<v Speaker 1>jury verdict. They also attacked his arguments that this was

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<v Speaker 1>going to be some kind of burden on his responsibilities

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<v Speaker 1>in the transition. And I think what was smart here

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<v Speaker 1>is that Judge mur Sean and a lot of people,

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<v Speaker 1>when he first came out and said I'm not going

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<v Speaker 1>to give him any sentence, said well, what's the point

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<v Speaker 1>of the sentencing? Then, well, the point is that now

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<v Speaker 1>Trump couldn't say that, oh, the judge may sentence me

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<v Speaker 1>to time, or the judge may sentence me to probation,

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<v Speaker 1>or who knows what, because the judge had said I'm

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<v Speaker 1>not going to sentence you to anything. I'm going to

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<v Speaker 1>give you what's called an unconditional discharge. And basically what

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<v Speaker 1>this is is a symbolic sentencing, so that Trump is now, yes,

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<v Speaker 1>a convicted felon, and that felony is on the books

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<v Speaker 1>in New York. And I think the problem for Trump

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<v Speaker 1>was always the stigma of being, you know, the first

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<v Speaker 1>felon to be sworn in as president of the United States.

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<v Speaker 1>So I think that's it's the stigma for him more

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<v Speaker 1>than anything else, because there's no other impact on him

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<v Speaker 1>at all. There won't be probation, there won't be even

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<v Speaker 1>a fine. It'll just be the judge saying, you know,

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<v Speaker 1>this is the verdict and you're convicted, and then it's over.

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<v Speaker 2>So is this over? You can can the state appellate

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<v Speaker 2>courts in New York kind of change the outcome here

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<v Speaker 2>in any way?

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<v Speaker 1>Yeah, because he is still and as the justice is said,

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<v Speaker 1>he can go forward with the appeal as a person

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<v Speaker 1>normally would go forward. Normally, you wait for the sentencing,

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<v Speaker 1>you wait for the conviction comes, then the sentencing, and

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<v Speaker 1>then you can start the appellate process through the New

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<v Speaker 1>York Appellate courts. Well, Trump jumped all that. You know,

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<v Speaker 1>he wanted to go right ahead and go to the

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<v Speaker 1>Supreme Court. And I mean normally most people don't go

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<v Speaker 1>to the Supreme Court, and normally most people take it

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<v Speaker 1>through the appellate process. So that's what he's going to do. Now,

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<v Speaker 1>after the the the judge does the sentencing, then the

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<v Speaker 1>appeal will take place. He'll have thirty days to file

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<v Speaker 1>to say that he's filing for appeal, and he can

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<v Speaker 1>raise all these issues in the appeal. But remember too

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<v Speaker 1>that some of these issues that were raised in New

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<v Speaker 1>York the Appellate Court and the Court of Appeals, which

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<v Speaker 1>is New York's highest court, rejected So but you know

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<v Speaker 1>he'll raise them again. And I'm sure this case is

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<v Speaker 1>going to go on for some time. I mean, appeals

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<v Speaker 1>can take years.

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<v Speaker 2>I have to ask you about the report that Trump

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<v Speaker 2>had a phone call with Samuel Alito, one of the

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<v Speaker 2>justices on the court. In the case of whether or

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<v Speaker 2>not this was in any way related, we don't know that.

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<v Speaker 2>Alito did say he was giving a former law clerk

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<v Speaker 2>a recommendation for a role in the new administration. Did

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<v Speaker 2>how did that feel to you when you got that news.

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<v Speaker 1>Well, you know, Alito said that they did not talk

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<v Speaker 1>about anything having to do with Trump or his cases.

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<v Speaker 1>You know, there's nothing ethically wrong with that, I think,

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<v Speaker 1>as long as he didn't discuss any cases before the court.

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<v Speaker 1>But it does sort of sit. It just sits as

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<v Speaker 1>something that it appears to be something that looked it's

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<v Speaker 1>like an ethical violation, even though it's not. It appears

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<v Speaker 1>to be something that perhaps is. You know, it's unsettling

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<v Speaker 1>sort of to have a justice of the Supreme Court

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<v Speaker 1>talking to the president hours before the president elect excuse me,

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<v Speaker 1>hours before the president elects lawyers file papers with the

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<v Speaker 1>Supreme Court. It doesn't look good. But as far as

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<v Speaker 1>you know, whether anything went on, who knows, and Alito

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<v Speaker 1>said that different it's didn't And that's the way it's

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<v Speaker 1>going to stay. This is not going to go any further.

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<v Speaker 1>I mean, we've seen ethical violations, allegations of ethical violations,

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<v Speaker 1>but the Supreme Court go up through the federal judiciary

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<v Speaker 1>and they refuse to go forward. So this is certainly

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<v Speaker 1>nothing's going to happen with the sets for sure.

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<v Speaker 2>So you mentioned he's now a convicted felon, and sentencing

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<v Speaker 2>will happen tomorrow morning at nine thirty am, a Wall

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<v Speaker 2>Street time. And then on the twentieth, obviously, the President

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<v Speaker 2>elect will take the oath of office. That's historic in

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<v Speaker 2>and of itself because never has the United States had

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<v Speaker 2>a sitting president who has been a convicted felon in

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<v Speaker 2>the legal community. Are they talking about retaliation in any way?

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<v Speaker 2>Do you think as the result of this, you.

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<v Speaker 1>Mean retaliation for the Manhattan district attorneys or Trump has

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<v Speaker 1>been talking about retaliation against the Manhattan District attorney since

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<v Speaker 1>the case was filed. I mean, he has been talking

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<v Speaker 1>about this throughout. He would do press conferences, you'd come

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<v Speaker 1>out and make statements during the trial about how unfair

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<v Speaker 1>the the whole thing was, how you know it was

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<v Speaker 1>a witch haunt, and how the Manhattan District Attorney had

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<v Speaker 1>it in for him. It was all political. So that's there.

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<v Speaker 1>But it's going to be hard to go after a

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<v Speaker 1>sitting district attorney because he's protected in certain respects for

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<v Speaker 1>the things that he does in office. And it'll even

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<v Speaker 1>be I think even he'll get, you know, legal representation

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<v Speaker 1>free from the States. So it's going to be more

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<v Speaker 1>difficult than Trump makes it seem. For the Justice Department

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<v Speaker 1>to even you know, put that case together, and certainly

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<v Speaker 1>it's not a case that's going to you know, that's

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<v Speaker 1>going to go forward anywhere that it will probably be

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<v Speaker 1>dismissed right away if it's brought at all. But you know,

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<v Speaker 1>that is what Trump has said all along that he

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<v Speaker 1>you know, so he probably is going to look for retaliation,

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<v Speaker 1>but I dad he'll get it. What should we be.

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<v Speaker 2>Looking out for, in particular tomorrow morning around these sentencing

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<v Speaker 2>the language that the judge may use in an addressing

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<v Speaker 2>President elect Trump.

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<v Speaker 1>I think we should put a stopwatch on how quick

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<v Speaker 1>the sentencing is because there's really not much to be said.

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<v Speaker 1>There's not going to be any kind of you know, appeal.

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<v Speaker 1>I'm sure Trump is not going to Maybe Trump will

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<v Speaker 1>say something. Actually I could be wrong. He may say

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<v Speaker 1>something before he's sentenced, but you know, it's going to

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<v Speaker 1>be very quick because we all know what the judge

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<v Speaker 1>is going to say, and there's not going to be

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<v Speaker 1>much of an argument from either side. The judge has

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<v Speaker 1>already set this out, so I think it's going to

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<v Speaker 1>be very quick and at most we'll see some kind

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<v Speaker 1>of statement from Trump, who's going to be a peer

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<v Speaker 1>by video he doesn't have the judge that he doesn't

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<v Speaker 1>even have to come into the courtroom. That was another

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<v Speaker 1>thing that the Supreme Court sort of I must have

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<v Speaker 1>picked up on that this is just a brief virtual hearing.

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<v Speaker 1>They said, it's to impose the sentence of unconditional discharge

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<v Speaker 1>after a brief virtual hearing. So I think what you

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<v Speaker 1>have to take away from this whole thing is that

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<v Speaker 1>Judge wanmershawn knew what he was doing and set this

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<v Speaker 1>up so that the case could be ended without any

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<v Speaker 1>interference from the Supreme Court or the courts of Appeal

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<v Speaker 1>in New York.

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<v Speaker 2>We'll leave it there, June, thank you so much for

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<v Speaker 2>making time to chat with us. Bloomberg Legal analyst June Grosso,

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<v Speaker 2>host of the Bloomberg Law Show, helping us understand a

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<v Speaker 2>little bit more about the decision on the part of

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<v Speaker 2>the US Supreme Court to clear the way for President

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<v Speaker 2>elect Trump's sentencing in his hush money criminal case. We

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<v Speaker 2>are told the sentencing is set for nine thirty am tomorrow.

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<v Speaker 2>Over four deercents, the justices rejected Trump's request to halt

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<v Speaker 2>the New York sentencing as even though a State of

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<v Speaker 2>the FLDS court here in New York is considering Trump's

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<v Speaker 2>claim of a presidential immunity and as June kind of

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<v Speaker 2>laid out there. Juan Verschan, the New York judge overseeing

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<v Speaker 2>this case, has said he will not give Trump jail time,

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<v Speaker 2>any fine or probation,