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Levin: Thinking further out loud The issue is how to get out of the New York system and bring the case to the Supreme Court, which may or may not take it up. That is why I look to Bush v Gore
X ^ | 8:21 PM May 30, 2024 | Mark Levin

Posted on 05/30/2024 5:53:42 PM PDT by conservative98

Thinking further out loud

The issue is how to get out of the New York system and bring the case to the Supreme Court, which may or may not take it up. That is why I look to Bush v Gore, where the S Ct decided to step in BECAUSE it was a presidential election. There was another court involved, the Florida Supreme Court. And it was that court that the Supreme Court believed was violating the Equal Protection Clause. That was the doctrine it settled on, given the unequal treatment of voters.

In New York, you would file the notice of appeal, ask for a stay of the trial court, and seek expedited review. You need to protect your ability to timely appeal and not abandon it. You might then file applications for common law writs with the US Supreme Court, where the S Ct can take action if it chooses, and legitimately claim the harm is immediate and ongoing not just to a presidential candidate, but to the federal electoral system, federal campaign jurisdiction (reverse federalism), and the precedent that might otherwise be set and spread throughout the country. The denial of due process infected every aspect of the case.

The S Ct has common law powers (common law writs -- judicially created not statutorily created) it uses very sparingly, in extraordinary circumstances, to grant relief. Waiting would compound the problem. The problem now is that every day that goes by, the actions by the NY lower court bleeds into the federal, presidential election system.

Where does this end? Will other DA's use the Bragg-Merchan precedent, such as it is, going forward, and not care what higher state courts have to say, in that those courts may not act quickly or at all. So, now local prosecutors and state judges will intervene in presidential elections or any federal election.

We need to give the Supreme Court the opportunity to intervene. If it chooses not to, then it won't.

But between Jack Smith criminalizing election challenges to the point that we do not know what is or is not legal, and now Bragg and Merchan criminalizing events and activities that are not illegal, to the point we don't now know what they are, the Supreme Court, in my view, must do something.

In the end, the S Ct will not be able to avoid this forever. Better to deal with now than later, when it will get worse.


TOPICS: Chit/Chat
KEYWORDS: bragg; bushvgore; hushmoneytrial; manhattan; marklevin; scotus; trump; trumppersecution
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1 posted on 05/30/2024 5:53:42 PM PDT by conservative98
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To: conservative98

John Roberts is compromised.

Simple.

Post election, they’ll get around to it.


2 posted on 05/30/2024 5:57:28 PM PDT by OakOak (Misinformation Campaign on your TV)
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To: conservative98

I think the immumity case may address this as well. As Trump “supposedly” performed his “criminal” acts while President, if the SC rules he has immunity, then wouldn’t that overturn the conviction?


3 posted on 05/30/2024 5:57:35 PM PDT by usafa92 (Donald J. Trump, 45th and 47th President of the United States of America!)
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To: conservative98
The problem with Bush v Gore is that it has been tainted as much as the Dred Scott decision.

I strongly believe that the reason the Supremes didn't take up the election cases in 2020 is because they were afraid of being accused of tampering with the elections and deciding the winner.

That was the accusation against the court in the Bush v Gore case.

The Supremes have recently shown some desire to rule in election cases (after it made no difference), so there is still some hope.

4 posted on 05/30/2024 5:58:18 PM PDT by who_would_fardels_bear (Kafka was an optimist.)
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To: All
IMG-0535 IMG-1878
5 posted on 05/30/2024 5:59:36 PM PDT by AnthonySoprano (Impeachment Inquiry is necessary since Deep State is blocking )
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To: OakOak

Perhaps— but THIS gives him a way to GET out of being compromised and to do so like a Champion of American Rights of any political persuasion— for the sake of prevention of a Tyranny by Democrats of the Marxist persuasion. Even Roberts can see this- these people are not isolated from the public outrage of this ridiculous concocted Stalinist show trial— where the jury can pick like from a Chinese menu what crime supports the 34 charges either in total or as separate “crimes” of predication to the “felony” only recently decided to be changed by the NY Legislature.


6 posted on 05/30/2024 6:06:24 PM PDT by John S Mosby (Sic Semper Tyrannis )
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To: conservative98

The problem with going directly to USSC is that they are already seen by most Democrats as compromised partisans. As satisfying as it would be to use them to slap Bragg and his minions down quickly, a New York Court of Appeals reversal would accomplish the same goal and salvage some semblance of legitimacy for a compromised justice system.


7 posted on 05/30/2024 6:07:46 PM PDT by Rowdyone (Vigilence)
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To: Rowdyone

Have you seen who serves on that court? Trump doesn’t have a prayer. Let me put it to you that way.


8 posted on 05/30/2024 6:10:04 PM PDT by RoseofTexas
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To: usafa92

Seems like it would— it would render this “case” as being moot— a legal term for being rendered NEUTER— having no force of law. Not the charging, the bringing of the case trying to federalize a supposed state crime that wasn’t.. etc.

Immunity would obviate this entire ridiculous case- to oblivion.


9 posted on 05/30/2024 6:10:44 PM PDT by John S Mosby (Sic Semper Tyrannis )
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To: who_would_fardels_bear

It WAS an accusation— made by DEMONRATS, who loved them some Gore. Speaking as one who among many took part in the FL “recount” the SCOTUS directed NOT to occur only in democrat counties.

So— this is not the reason for 2020. John Roberts is under threat by the obamaumao thugs of Islamofascism— both for the adoption of his children in Brazil, and possibly some hazy homo crap about him— which, in this day and age should not faze any SCOTUS justice much less the Chief Justice. The threat is coming from Deep State embeds from obamaumao- who are deeply afraid for what will and should happen to obama for what he has done to this country. A dish best eaten cold as it has been said.


10 posted on 05/30/2024 6:14:34 PM PDT by John S Mosby (Sic Semper Tyrannis )
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To: Rowdyone

They could even rule on it narrowly and say that the federal election campaign law violation was NOT a violation - which just about everyone agrees with - and then throw out the case on a very narrow basis.

Levin is arguing what I told a friend today. This is really no different from a local judge ruling Trump cannot be on the ballot. This is a minor court with a partisan judge and a DA who ran on getting Trump making a bogus case in an attempt to control the outcome of federal elections. And doing so in part by charging Trump with a federal law violation they have no authority to prosecute!

If they won’t shut this down, then they shut down America. Our country is gone.


11 posted on 05/30/2024 6:15:29 PM PDT by Mr Rogers (We're a nation of feelings, not thoughts.)
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To: John S Mosby
I used to think that Roberts would be free of any adoption scandal once his children became adults.

However, if he did get his kids from Brazil, and from one specific individual, then they were probably trafficked.

There would be no statute of limitations on such an accusation.

12 posted on 05/30/2024 6:22:10 PM PDT by who_would_fardels_bear (Kafka was an optimist.)
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To: usafa92

think the immumity case may address this as well. As Trump “supposedly” performed his “criminal” acts while President, if the SC rules he has immunity, then wouldn’t that overturn the conviction?
****************************
Uh, I think there’s a little problem with your theory. In no possible way could Trump’s business book keeping be considered official presidential acts, so not covered by immunity.


13 posted on 05/30/2024 6:23:15 PM PDT by sunny bonobo
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To: All

It was planned start to finish.

You can’t hide the charges until the final hour unless the Judge is on it.

Just like Merchan was magically selected, the Appeal has been discussed and coordinated. Nothing happens until the debates are over and votes have been cast.

The timing, the DOJ Prosecutor, Juror selection, the magical selection of Metchan, the hiding of the charges, the 15, to things stated by Prosecutors and the Judge that no one testified to…. It all took close coordination.


14 posted on 05/30/2024 6:25:00 PM PDT by OakOak (Misinformation Campaign on your TV)
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To: conservative98
Contrary to the claims of some Democrat Party "freepers", the American court system has been severely damaged.

All American "judges", clean or dirty, are now presumed to be acting with partisan interests.

I'm sorry it has to be this way, but there it is.

15 posted on 05/30/2024 6:25:28 PM PDT by kiryandil (FR Democrat Party operatives! Rally in defense of your Colombian cartel stooge Merchan!)
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To: usafa92

“As Trump “supposedly” performed his “criminal” acts while President….”
———————-
If the acts were performed while he was President, then how on earth could they have influenced the 2016 presidential election? Trump doesn’t look much like Marty McFly to me.


16 posted on 05/30/2024 6:26:05 PM PDT by Ancesthntr (“The right to buy weapons is the right to be free.” ― A.E. Van Vogt, The Weapons Shops of Isher)
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To: conservative98
The long term takeaway is never conduct any business in New York, never invest in New York; never visit New York. Break all ties to New York, personal and professional.

President Trump is unable to discern between good and bad people, sad to say. He needs TRUSTED help like Steve Bannon or Dr. Gorka. Good God, he attracts so many scoundrels who use and abuse him. Please God, keep President Trump under your protection.

17 posted on 05/30/2024 6:26:22 PM PDT by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: Mr Rogers; OakOak

We can conclude from this “verdict” that in every courtroom in this former republic, the law is in the mouth of the judges and prosecutors.

There is no legitimacy in any American court, anywhere, from this point forward.

That’s too bad for the clean, nonpartisan judges.

They are all “judges” now - corrupt and bought & paid for.


18 posted on 05/30/2024 6:27:56 PM PDT by kiryandil (FR Democrat Party operatives! Rally in defense of your Colombian cartel stooge Merchan!)
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To: conservative98

I don’t think Trump or the Supremes want this to go straight to the Supreme Court


19 posted on 05/30/2024 6:30:19 PM PDT by Williams (Stop Tolerating The Intolerant)
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To: RoseofTexas

It’s worse than that. They were part of the design and execution.

These decisions have been made months ago.


20 posted on 05/30/2024 6:32:18 PM PDT by OakOak (Misinformation Campaign on your TV)
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