No. 24A666

Donald J. Trump v. New York, et al.

Lower Court: New York
Docketed: 2025-01-08
Status: Denied
Type: A
Amici (2) Experienced Counsel
Tags: criminal-prosecution executive-power presidential-immunity state-court transition-period trump-v-united-states
Latest Conference: N/A
Question Presented (from Petition)

Whether President Trump is entitled to an automatic stay of criminal proceedings against him in state court while his claims of Presidential immunity from criminal prosecution are addressed on interlocutory appeal to New York's appellate courts and, if necessary, this Court.

Whether the trial court's admission and use of evidence of President Trump's official acts in a state-court jury trial on criminal charges violated the doctrine of Presidential immunity recognized in Trump v. United States, 603 U.S. 593 (2024).

Whether a sitting President's complete immunity from criminal prosecution during his term in office extends to the President-Elect of the United States during the brief but crucial period between his election, his certification as the President-elect, which has now occurred, and his inauguration, as he conducts Presidential transition activities that are integral and preparatory to his imminent assumption of the Executive power of the United States.

Question Presented (AI Summary)

Whether a sitting or president-elect enjoys absolute criminal immunity from state court prosecution during the transition period between election and inauguration

Docket Entries

2025-01-09
Amicus brief of Former Attorney General Edwin Meese III and Professor Steven G. Calabresi submitted.
2025-01-09
Response of New York, et al. to application submitted.
2025-01-09
Response to application from respondent New York, et al. filed.
2025-01-09
Amicus brief of Former Public Officials and Legal Scholars submitted.
2025-01-09
Reply of applicant Donald J. Trump filed.
2025-01-09
Application (24A666) referred to the Court.
2025-01-09
Application (24A666) for stay presented to Justice Sotomayor and by her referred to the Court is denied for, inter alia, the following reasons. First, the alleged evidentiary violations at President-Elect Trump’s state-court trial can be addressed in the ordinary course on appeal. Second, the burden that sentencing will impose on the President-Elect’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. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application.
2025-01-09
Brief amicus curiae of Former Attorney General Edwin Meese III and Professor Steven G. Calabresi filed.
2025-01-09
Brief amici curiae of Former Attorney General Edwin Meese III, et al. filed.
2025-01-08
2025-01-08
Response to application (24A666) requested by Justice Sotomayor, due by 10 a.m. (EST), on January 9, 2025.

Attorneys

Donald J. Trump
D. John SauerJames Otis Law Group, LLC, Petitioner
Former Attorney General Edwin Meese III and Professor Steven G. Calabresi
Gene Clayton SchaerrSchaerr | Jaffe, Amicus
Former Public Officials and Legal Scholars
Katherine KeatingBryan Cave LLP, Amicus
Jon M. GreenbaumJustice Legal Strategies PLLC, Amicus
New York, et al.
Steven Chiajon WuNew York County District Attorney's Office, Respondent