Posted on 08/04/2023 9:21:24 AM PDT by conservative98
How to get the matter before the Supreme Court?
Perhaps the way forward is for President Trump's attorneys in the Florida document case to appeal the lower court's ruling for a trial start date in May to the circuit court making, in part, the arguments I discussed on air last night and below on this site. Make an emergency appeal to the circuit court, since what's being raised is the government's efforts in using the courts and the judicial process as tools to deny Trump his constitutional right to effectively defend himself and his freedom, and conduct his campaign for president at the same time. He is unable to do both effectively at the same time. The government is interfering with both and doing so knowingly.
These cases can be pursued after the election, as there is no statute of limitations issue (recall, Garland purposefully let a statute of limitations run in the Hunter Biden tax case; here, there is no running of statutes of limitations if the cases are put off until after the election. Hard to see how DOJ can square any argument they'd make in opposition). The Biden administration is knowingly forcing this issue by the manner in which it is litigating for the purpose of creating these extraordinary and unprecedented circumstances. Garland, who has signed off on every indictment brought against Trump in the federal cases, should not be able to deny anyone their constitutional right to due process and an effective defense; nor should he be able to interfere this way in the ability of a candidate for president to conduct his campaign, by the manner, date, and time in which he decides to bring these indictments. Garland must not be free to control court procedures like he is currently doing. Garland is playing the system and the judges ought not put up with it. The activist judges, of course, such as the DC judge, are undoubtedly happy to play along.
The fact is that Trump cannot effectively defend himself and run for president at the same time. He ought not be forced to decide between one or the other, either. Meanwhile, every day that goes by effects the election. His campaign funds are having to be used to defend against these politically timed indictments, and his time campaigning undoubtedly been limited due to the time needed to confer with his lawyers and make court appearances. This was all predictable when Garland unleashed these cases and timed them for maximum damage to Trump personally and his campaign. The legal and judicial systems must not allow themselves to be used this way. In short, the judiciary must also defend itself from such devious manipulations.
I have no faith in any of the judges in DC. They have lost our respect. Too many are political activists who have rubber stamped everything the DOJ and Garland-Smith have sought. I have greater faith in the court in Florida. Regardless, individual district court judges ought not decide for the nation how we shall now proceed, given what the Biden DOJ has foisted in the nation. This matter needs to get to SCOTUS. Hopefully, an appeal from the May court date will do it. It's not a slam dunk and the ultimate outcome isn't either. But something must be done.
Hopefully Trump gets better attorneys than that nutcase woman he had before
“I have no faith in any of the judges in DC.”
I would also add, that I have no faith in any of the last 4 “Conservative” justices added to the court.
Levin is an idiot here and Trump's really really great attorneys are wasting Trump's money on this frivalous lawsuit.
THIS is the one thing that SCOTUS must deal with before 2024 or the result will be the same.
Cheat-by-mail-in ballots are unconstitutional because they create a set of two different standards. Someone voting in person on Election Day must provide identification, while we all saw in Kari Lake's legal challenges the sick joke of what qualifies as signature verification for the cheat-by-mail-in ballots.
RINO-controlled state legislatures should have never allowed these mail-ins in the first place, but we all know that they were in league with the Dems to get Trump out, and in 2022 they were happy for MAGA candidates to be cheated.
When the enemy is inside the gate, and we can’t get justice from the justice department, then where do we get it?
There is only one way that I know of to get this case before the Supreme Court in a timely manner (apart from the normal trial-verdict-appeal process.)
Trump’s legal team files a motion for summary dismissal on First Amendment grounds with the trial court, which will be rejected.
Trump’s team then immediately files an appeal of the rejection with the DC Circuit Court, who will also most likely uphold the trial judge’s dismissal of defendant’s motion.
Trump’s team then immediately files an appeal directly to SCOTUS, bypassing the en banc review at the DC Circuit level, citing irreparable harm due to pending elections.
Then and only then would SCOTUS have something to rule on.
A federal attorney on Kilmeade this am, sympathetic to DjT, fears the DC Trump-hating judge will not allow a change of venue, will not recuse herself, oversee a conviction, and may remand DjT to jail, pending appeal.
He suggests an appeal in the DC district will yield same results, which leaves the SC to fix it, but could mean some campaigning from jail.
However, evidence presented to the jury which devastates Smith’s case will hang at least one juror, imho. Worst case, I can’t imagine a SC allowing this tragedy to stand.
In fact, bet on every step to be appealed to higher courts; venue, recusal, et al.
This will take years, not months. I’m sending money.
Sorry, some video on Youtube doesn’t answer the question. Why don’t you put it in writing, with laws, cases, and precedence so it can be read, evaluated, and commented on. From what I’m seeing there isn’t any, just talk and frivalous lawsuits.
They are likely to say the election corruption problem is a state legislature issue. I am somewhat in sympathy; anything that pushes power down to the states I lean toward. The attitude is sort of “ ... if the public in the respective states through their legislature is fine with fraud that’s their problem to solve .. “. However, the USSC with a complete “hands-off” attitude on that issue. Is I think inconsistent thinking with their past civil rights rulings regarding voters’ rights. A fraudulent vote is just as much of a denial of my right to vote as blatant denial of voting based on skin color or religion. It invalidates my vote!
History shows that there is never a right-wing juror holding out to save a right-wing defendant.
Yet we constantly see jury nullification by the left.
It's sickening.
This latest indictment says "UNITED STATES OF AMERICA V. DONALD J. TRUMP, Defendant.
Article III Section 2:
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.Since the Democrats have absolute control over the departments of the United States and are using those departments to harass President Trump in advance of the upcoming election, Trump can make the case that the United States is a party to his case of abuse of power and whatever other legal terminology expresses the concern.
Trump can ask the Supreme Court to act as original jurisdiction to review the charges in the indictment for conformity to law and precedence and throw out vague, ambiguous, mis-applied, or unprovable charges that are only meant to harass and distract President from running his campaign against the Democrats.
Essentially he can ask the Supreme Court for relief from Democrats colluding to prevent him from running a fair campaign against them.
-PJ
I like YOYO’s scenario at post 8, if you’ve not seen it.
This appeal procedure will be employed at every level. I’d even overlooked the first appeal: summary dismissal on 1st amendment breach.
and then, venue, recusal, discovery, and on and on......3 yrs minimum.
You responded to that vid link in about 4 minutes. The vid is more than 14 minutes long. You didn’t even click the link, much less watch the vid.
Running to the Supreme Court because a motion to continue is not granted is not going to go over well. Judges have long memories when it comes to litigants filing frivolous motions.
I wasn’t posting it for you. I was posting it for others you are trying to play your little games with. You Democrats and anti-Trump Republicans are unashamedly celebrating the use of the courts by the Biden administration and Democrat DA’s to further their political wishes. This legal warfare is unprecedented and you are asking where is the presidency? That’s the point. An unpresidented legal warfare requires unpresidented legal response.
Sounds simple, but will it work, will the court hear it? I suspect any of these attempts will fail, the court will prefer to sit back and list the lower courts try the cases, let the appeals run their course, and if Trump is still alive by the end of that, they’ll maybe here it or dismiss it as moot because of the many years that will have passed. Cynical I am.
No dummy, I posted it earlier today and I heard it all yesterday as well.
Nice. Listen dummy, my post was to Reno with you CC BECAUSE you posted the link. Personal attacks, even to someone taking your side, are not welcome here. Good grief.
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