New York
N.Y. Prosecutors Urge Supreme Court to Let Trump’s Sentencing Proceed
New York prosecutors on Thursday urged the U.S. Supreme Court to deny President-elect Donald J. Trump’s last-ditch effort to halt his criminal sentencing, in a prelude to a much-anticipated ruling that will determine whether he enters the White House as a felon.
In a filing a day before the scheduled sentencing, prosecutors from the Manhattan district attorney’s office called Mr. Trump’s emergency application to the Supreme Court premature, saying that he had not yet exhausted his appeals in state court. They noted that the judge overseeing the case plans to spare Mr. Trump jail time, which they argued undermined any need for a stay.
The prosecutors, who had secured Mr. Trump’s conviction last year on charges that he falsified records to cover up a sex scandal that endangered his 2016 presidential campaign, implored the Supreme Court to let Mr. Trump’s sentencing proceed.
“There is a compelling public interest in proceeding to sentencing,” they wrote, and added that “the sanctity of a jury verdict and the deference that must be accorded to it are bedrock principles in our Nation’s jurisprudence.”
The district attorney’s office has so far prevailed in New York’s appellate courts, but Mr. Trump’s fate now rests in the hands of a friendlier audience: a Supreme Court with a 6-to-3 conservative majority that includes three justices Mr. Trump appointed. Five are needed to grant a stay.
Their decision, coming little more than a week before the inauguration, will test the influence Mr. Trump wields over a court that has previously appeared sympathetic to his legal troubles.
In July, the court granted former presidents broad immunity for official acts, stymying a federal criminal case against Mr. Trump for trying to overturn the 2020 election. (After Mr. Trump won the 2024 election, prosecutors shut down that case.)
The revelation that Mr. Trump spoke this week by phone with one of the conservative justices, Samuel A. Alito Jr., has fueled concerns that he has undue sway over the court.
Justice Alito said he was delivering a job reference for a former law clerk whom Mr. Trump was considering for a government position. But the disclosure alarmed ethics groups and raised questions about why a president-elect would personally handle such a routine reference check.
It is unclear whether Justice Alito will recuse himself from the decision, which the court could issue promptly.
Mr. Trump’s sentencing is scheduled to begin at 9:30 a.m. Friday in the same Lower Manhattan courtroom where his trial took place last spring, when the jury convicted him on all 34 felony counts.
If the Supreme Court rescues Mr. Trump on Thursday, returning him to the White House on Jan. 20 without the finality of being sentenced, it will confirm to many Americans that he is above the law. Almost any other defendant would have been sentenced by now.
“A sentencing hearing more than seven months after a guilty verdict is aberrational in New York criminal prosecutions for its delay, not its haste,” the prosecutors wrote.
The prosecutors also noted that Mr. Trump would most likely avoid any punishment at sentencing. The trial judge, Juan M. Merchan, has signaled he plans to show Mr. Trump leniency, reflecting the practical impossibility of incarcerating a president.
Still, Mr. Trump’s lawyers argued that the sentencing could impinge on his presidential duties. It would formalize Mr. Trump’s conviction, cementing his status as the first felon to occupy the Oval Office.
That status, Mr. Trump’s lawyers wrote in the filing to the Supreme Court, would raise “the specter of other possible restrictions on liberty, such as travel, reporting requirements, registration, probationary requirements and others.”
The court’s immunity ruling also underpinned Mr. Trump’s request to halt his sentencing. In the application, Mr. Trump’s lawyers argued that he was entitled to full immunity from prosecution — as well as sentencing — because he won the election.
“This court should enter an immediate stay of further proceedings in the New York trial court,” the application said, “to prevent grave injustice and harm to the institution of the presidency and the operations of the federal government.”
Mr. Trump’s application was filed by two of his picks for top jobs in the Justice Department: Todd Blanche, Mr. Trump’s choice for deputy attorney general, and D. John Sauer, his selection for solicitor general.
“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,” they wrote.
Whether that argument will prevail is uncertain. Some legal experts have doubted the merits of Mr. Trump’s application, and lower courts have greeted his arguments with skepticism.
Earlier Thursday, a judge on the New York Court of Appeals in Albany, the state’s highest court, declined to grant a separate request from Mr. Trump to freeze the sentencing.
Prosecutors noted that Mr. Trump had yet to have a full appellate panel rule on the matter, and that he had not mounted a formal appeal of his conviction. Consequently, they argued, the Supreme Court “lacks jurisdiction over this non-final state criminal proceeding.”
Also this week, a judge on the First Department of New York’s Appellate Divison in Manhattan rejected the same request to halt the sentencing.
That judge, Ellen Gesmer, grilled Mr. Trump’s lawyer at a hearing about whether he had found “any support for a notion that presidential immunity extends to president-elects?”
With no example to offer, Mr. Blanche conceded, “There has never been a case like this before.”
In their filing Thursday, prosecutors echoed Justice Gesmer’s concerns, noting that “This extraordinary immunity claim is unsupported by any decision from any court.”
They also argued that Mr. Trump’s claims of presidential immunity fell short because their case concerned a personal crisis that predated his first presidential term. The evidence, they said, centered on “unofficial conduct having no connection to any presidential function.”
The state’s case centered on a sex scandal involving the porn star Stormy Daniels, who threatened to go public about an encounter with Mr. Trump, a salacious story that could have derailed his 2016 campaign.
To bury the story, Mr. Trump’s fixer, Michael D. Cohen, negotiated a $130,000 hush-money deal with Ms. Daniels.
Mr. Trump eventually repaid him. But Mr. Cohen, who was the star witness during the trial, said that Mr. Trump orchestrated a scheme to falsify records and hide the true purpose of the reimbursement.
Although Mr. Trump initially faced sentencing in July, his lawyers buried Justice Merchan in a flurry of filings that prompted one delay after another. Last week, Justice Merchan put a stop to the delays and scheduled the sentencing for Friday.
Mr. Trump faced four years in prison, but his election victory ensured that time behind bars was not a viable option. Instead, Justice Merchan indicated that he would impose a so-called unconditional discharge, a rare and lenient alternative to jail or probation.
“The trial court has taken extraordinary steps to minimize any burdens on defendant,” the prosecutors wrote Thursday.
She testified last year that she first met the former producer when she was about 27, after moving to Los Angeles to pursue a career in acting. He pressured her into giving him a massage shortly after, she said.
In 2013, she was visiting New York and had planned a morning meal with friends and the producer. He arrived early and got a hotel room over her objections, Ms. Mann testified. Still, she went with him to the room, where he injected his penis with medication that produced an erection and then raped her, she said.
She tried to fight, she said, but eventually “I just gave up, I wanted to get out.”
In the years that followed, Ms. Mann said, she fell into a complex relationship with Mr. Weinstein, which included friendly email exchanges, phone calls and several consensual sexual encounters. In her testimony last year, she called it a “dance” in which she tried to keep him both happy and at a distance. At one point, Ms. Mann said, she decided to enter a romantic relationship with him.
During cross-examination, a lawyer for Mr. Weinstein questioned Ms. Mann about money — close to $500,000 — that she had received as settlement payments through a fund established as part of the bankruptcy of Mr. Weinstein’s company.
“This is not about money for me,” Ms. Mann testified.
For this trial, Mr. Weinstein has hired a new trial team of Jacob Kaplan, Marc Agnifilo and Teny Geragos.
The lawyers have already signaled that their defense will differ, at least slightly. They have indicated that they will not argue that Ms. Mann made the accusations against their client for financial gain.
The grandson of an infamous mob boss was sentenced to prison on Monday after pleading guilty to defrauding the federal government out of more than $1 million in Covid relief funds, some of which he invested in cryptocurrency.
Carmine G. Agnello Jr., the grandson of John J. Gotti, the former leader of the Gambino crime family, was sentenced to 15 months in prison by Judge Nusrat J. Choudhury in Federal District Court in Central Islip, N.Y. She also ordered Mr. Agnello to pay $1.3 million in restitution to the Small Business Administration.
Mr. Agnello, 39, fidgeted in court on Monday. Some of his family members were in attendance, including mob figures previously convicted of federal crimes: his father Carmine (the Bull) Agnello and his uncle John A. Gotti.
Wearing a gray, checkered suit, Mr. Agnello read a brief statement in court calling his crime “wrong, selfish and criminal.” He added that he never wanted to “find myself in prison” like so many of his relatives.
“I regret not only what I did, but the disappointment I caused my family,” he said.
Starting in April 2020, Mr. Agnello applied for at least three loans for his Queens-based company, Crown Auto Parts & Recycling L.L.C., through a program meant to support small businesses hurt by the pandemic.
He applied for the loans under false pretenses, claiming he did not have a criminal record when he in fact did have one, prosecutors said. He then used more than $400,000 of the borrowed money to invest in a crypto business.
Mr. Agnello pleaded guilty in September 2024 to a single count of wire fraud. Federal prosecutors with the Eastern District of New York had sought a sentence of around three years, as well as $1.3 million in restitution.
He “shamefully lined his own pockets with government and taxpayers’ dollars,” Joseph Nocella Jr., the U.S. attorney for the Eastern District of New York, said in a statement.
As a child, Mr. Agnello starred on the reality television show “Growing Up Gotti” alongside his mother, Victoria Gotti, and two brothers, Frank and John. The show, which ran on A&E for three seasons and was canceled in 2005, depicted a Long Island household in the milieu of “The Sopranos.”
At the time, Mr. Agnello’s father was in prison and had been divorced from Ms. Gotti, a former columnist for The New York Post, leaving her to raise three rowdy sons. The intense media focus on the Gottis gave the grandson “a distorted sense of reality,” wrote John A. Gotti, Mr. Agnello’s uncle and the leader of the crime family in the 1990s, in a letter to Judge Choudhury before the sentencing.
“Being part of the Gotti family meant growing up with too much attention, expectations and society’s judgment that most kids never have to deal with,” Mr. Gotti wrote. He added that his nephew faced pressure “to live up to the Gotti name.”
Mr. Agnello found his way into the family business, in a way. In 2018, he pleaded guilty to running an unregistered scrap business. That case echoed his father’s racketeering conviction after he firebombed a rival scrap company in Queens that was run by undercover police officers.
Mr. Agnello’s grandfather exercised power with unrelenting brutality and delighted in the spotlight. He seized control of the family by organizing the 1985 assassination of his predecessor, Paul Castellano, before running enterprises that investigators estimated earned about $500 million a year from ventures that included extorting unions, illegal gambling, loan-sharking and stock fraud.
After numerous acquittals in state and federal trials, aided by juries that had been tampered with, Mr. Gotti earned the nickname “Teflon Don” from New York City’s tabloids. He was ultimately convicted in 1992 on 13 criminal counts and died of cancer in 2002 at age 61 in a federal prison hospital.
Jeffrey Lichtman, a lawyer for Mr. Agnello, told Judge Choudhury that Mr. Agnello had grown up with no male role models in his life, as 15 of his family members had gone to prison, including his grandfather when he was 5 and his father when he was 14.
Mr. Lichtman, who also represented Mr. Agnello’s uncle, called his client’s crime “horrific behavior” but added that his conduct was inevitable.
Charles P. Kelly, a federal prosecutor, said in court on Monday that Mr. Agnello’s family history was no excuse for his fraud.
“This case is not about John Gotti; it’s about Carmine Agnello,” Mr. Kelly said.
This year, Steven Metcalf, another lawyer for Mr. Agnello, asked Judge Choudhury for a sentence with no prison time so that Mr. Agnello could donate a kidney to his mother, who has renal disease and also appeared in court on Monday. Without the transplant, Ms. Gotti could die during her son’s prison term, Mr. Metcalf said.
But in April, Mr. Agnello hired Mr. Lichtman, who apologized to the judge for Mr. Metcalf’s “voluminous argument” in support of Mr. Agnello, which stretched hundreds of pages.
As Judge Choudhury announced the sentence, Mr. Agnello kept his gaze forward and nodded. Judge Choudhury pushed back on the notion that his upbringing drove him to commit wire fraud.
“You were raised with access to opportunities. These are opportunities that many people in our society do not have,” she said.
After the sentence on Monday, Mr. Agnello embraced his family members in a hallway of the courthouse, one by one, kissing his uncle and his father on the cheek. He must surrender to the authorities to begin serving his prison term by July 20.
Outside the courthouse, his uncle John A. Gotti addressed a group of reporters.
“We had 15 members of our family who went to prison,” he said. “I think that’s enough. I think we did our time.”
It was one of the worst commutes in years. A power outage stranded more than 3,500 New York City subway riders in stuffy, crowded train cars for more than two hours on Dec. 11, 2024, during the evening rush.
Firefighters evacuated riders from the disabled trains, but not before some passengers were forced to relieve themselves between cars, according to people who were present. The ensuing delays, which affected the A, C, F and G lines in Brooklyn, stretched well into the morning, snarling the commute for thousands more riders.
But the foul-up didn’t start on the tracks — it began about 40 feet beneath the sidewalk, in a concrete bunker called a substation, like this one.
The Metropolitan Transportation Authority, which runs the New York City subway, operates 225 of these substations. They provide the electricity that keeps trains moving.
Some are deep underground, while others are in fortresslike buildings close to train tracks. Dozens of the facilities are nearing 100 years old, and some components have gone decades without substantial upgrades.
The electrical outage in 2024 started after a critical failure in a Downtown Brooklyn substation that dates to the 1930s. Heavy rainfall most likely seeped into equipment and caused an explosion so forceful that it knocked a door off its hinges, according to the M.T.A.
Without adequate electricity, trains that were closest to the damaged substation could not move, and their ventilation systems shut down.
Such major failures are rare, but are responsible for some of the subway’s worst logjams, said Jamie Torres-Springer, the head of the authority’s construction and development division.
“That’s what causes the most difficult, painful disruptions in the system that drive people out of their minds,” he said.
In hopes of preventing the next nightmare commute, the M.T.A. is making the biggest investment in power in its history. Transit officials plan to spend $4 billion on new power systems by 2029, including upgrades to 75 subway substations. That’s three times as many as were renovated during the last major round of repairs, which ended in 2024.
They have their work cut out for them.
Hidden beneath a steel-trap door on the Upper West Side of Manhattan, 36 steps below the surface, is one of the system’s oldest remaining substations.
“This is a blast from the past,” said David Jacobs, the M.T.A.’s acting general superintendent for power stations, who donned a hard hat and safety glasses on a recent weekday before disappearing into the underground space.
The substation, near 73rd Street and Central Park West, was built in the 1930s, and is expected to be renovated during the current blitz.
A dirty tarp hung in one corner of the cavernous room, to catch water that seeped through worn concrete. Rows of machines hummed with the constant surge of power feeding the electrified third rail on nearby tracks.
It takes about 2 billion kilowatt-hours of electricity to run the subway system annually. That’s enough power to light 128,000 homes for a year.
The substations’ main function is to convert raw, high-voltage electricity from the electrical grid into lower-voltage power that can be delivered to the third rail.
But the aging equipment has become progressively less efficient and reliable, and harder to maintain.
The substations are spaced out across the city, to help keep electricity flowing to trains even if one of them malfunctions. But the equipment has sometimes failed when asked to carry an extra load, leading to cascading problems.
Last year, there were 758 “major incidents” on the subway, ones in which 50 or more trains were delayed. Substations cause a small but disruptive share of the problems, according to M.T.A. data.
“Power is everything,” said John Ross, a recently retired transit worker who was dispatched to help after several service disruptions in the subway, including the outage in 2024. “When it breaks, it breaks good.”
M.T.A. officials assessed the condition of every substation in recent years, and found that 36 percent of the equipment was in poor condition or in need of replacement.
While the main purpose of the upgrades is to reduce train delays, the changes have other benefits. The M.T.A. is installing a new signal system that relies on wireless technology to automatically control train movement.
The system, known as Communications-Based Train Control, or C.B.T.C., will allow trains to operate more reliably. It will also enable transit workers to monitor train traffic more closely from a dedicated room in Midtown Manhattan, known as the operations control center.
But switching to that signal system requires upgrading the rest of the subway’s archaic equipment. “In order to run more trains, we need more power,” Mr. Torres-Springer said.
For Mr. Jacobs, 36, who joined the M.T.A. nearly two decades ago as an electrical apprentice, working with machines younger than him would be a welcome change.
Today he runs a department of almost 400 people, and much of the work remains hands-on: diagnosing problems in the machinery by reading small flags with numbered codes, searching for replacement parts that are no longer manufactured, and generally eking out more life from obsolete machines.
“I do love this equipment,” he said with a smile.
But he’s ready for an upgrade to something built in this century.
“It’s like a B.M.W. versus a 1940 Cadillac.”
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