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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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To: Mr Rogers

“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.”

He wasn’t charged or convicted with a campaign violation.


21 posted on 05/30/2024 6:33:57 PM PDT by TexasGator
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To: OakOak

Nobody seems to get that.

This was a set from the get.

They didn’t disclose the predicate charge(s) until the last minute when they knew nobody could object.

And Merchan - a Court of Claims judge on loan - somehow gets Trump, Weisselberg and Bannon?

It was in the news three weeks ago that he lobbied for this. That was back when people weren’t making the connection between him and his daughter. You can bet the Rats knew all about it and submarined this Cartel Mafiosi into the slot and then prepped him with the BS strategy.

There should be no waiting. He and his daughter get investigated by the House Judiciary Committee for the last 20 years of stunts they’ve been pulling and ignore all the screaming that goes along with it.


22 posted on 05/30/2024 6:40:53 PM PDT by Regulator (It's fraud, Jim)
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Comment #23 Removed by Moderator

To: Rowdyone
New York Court of Appeals reversal

Not going to happen. Here is the NY State Court of Appeals:


24 posted on 05/30/2024 6:45:03 PM PDT by nwrep
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To: Mr Rogers
IMG-0663

See number 1. You are correct

And Merchan said that Trump paid too much in taxes, and that’s Tax Fraud just like avoiding taxes!



25 posted on 05/30/2024 6:54:30 PM PDT by AnthonySoprano (Impeachment Inquiry is necessary since Deep State is blocking )
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To: nwrep

They are 5 of 21 judges on that court, but they’ll probably be “randomly” assigned to hear the appeal...lol


26 posted on 05/30/2024 6:57:57 PM PDT by gopno1
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To: conservative98

I wouldn’t take legal advice from Levin. He was an anti-Trumper in the first place.


27 posted on 05/30/2024 6:59:55 PM PDT by CodeToad (Rule #1: The elites want you dead.)
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To: gopno1

.
That Court has supported Merchan over and over.

They know the task - run out the clock.


28 posted on 05/30/2024 7:02:30 PM PDT by AnthonySoprano (Impeachment Inquiry is necessary since Deep State is blocking )
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To: conservative98
The biggest difference between this and Florida in 2000 is that SCOTUS intervened because there was a hard deadline to certify the election coming up and the Florida Supreme Court was putting their thumb on the scale by allowing only the recounting of Dade, Broward, and West Palm Beach counties.

The New York case doesn't face that hard deadline to act.

-PJ

29 posted on 05/30/2024 7:05:09 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: who_would_fardels_bear

For which a President could provide cover— the right President that is to provide cover to a singularly weak Chief Justice. Cause it is most likely not the adoption— but some underground Bathhouse Barry type derp state photos something the obamaumao embeds of intel have on him. In perfect symmetry with the very old Catholic/Muslim divide— from all the way back in medieval days of Allah’s hordes, where Islamists constantly degraded Catholics morally to “conquer” them. Roberts majored in History- his sophomore essay “”Marxism and Bolshevism: Theory and Practice,” was awarded most outstanding that year.
Maybe Roberts and Obamaumao shared discussion of their experiences as Editors of the Harvard Law Review (in which obama never wrote— any. thing! He having had his Harvard education paid for by Saudis. Roberts was a scholarship student who worked summers at Bethlelem Steel mill), and law clerked for Supreme Ct. Justice Friendly (who also was Editor of Harvard Law another link ).

Obamaumao got Roberts to approve Affordable Care Act using this same “gotcha” they have on him,- am convinced= how can a mandate not be a Tax- ridiculous. Between him and McCain’s vote. There is definitely some kind of duress being applied to this day— all from within the DC diaspora of weirdos, Emmett Sullivan (paedo) and Merrick Garland (freak)- an underground if you will. And an opinion.


30 posted on 05/30/2024 7:06:40 PM PDT by John S Mosby (Sic Semper Tyrannis )
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To: usafa92

“As Trump “supposedly” performed his “criminal” acts while President,”

He wasn’t in 2015.


31 posted on 05/30/2024 7:07:00 PM PDT by TexasGator
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To: AnthonySoprano

Obamaumao does the gay boy arm thing. What a fraud.


32 posted on 05/30/2024 7:08:02 PM PDT by John S Mosby (Sic Semper Tyrannis )
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To: AnthonySoprano

From the looks of it, the Court of Appeals doesn’t look too promising either.


33 posted on 05/30/2024 7:08:10 PM PDT by gopno1
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To: Rowdyone
"As satisfying as it would be to use them to slap Bragg and his minions down quickly, a New York Court of Appeals re"

BZZZZZT!

Not gonna happen. The New York court system is what put Merchan in charge of this trial to begin with, and also Bannon's case, coming up next.

34 posted on 05/30/2024 7:09:05 PM PDT by OKSooner ("You won't like what comes after America." - Leonard Cohen.)
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To: sunny bonobo

It would immunize him for something he was NOT doing in his business so he could BE President. Further proof that this is all fabrication for a purpose— and... invalid. Immunity encompasses more than just Presidential acts.. it involves the intrusion of the non-Presidential worlds actions.


35 posted on 05/30/2024 7:10:32 PM PDT by John S Mosby (Sic Semper Tyrannis )
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To: kiryandil

Yes, especially that particular gumball from the demonrat machine.


36 posted on 05/30/2024 7:12:13 PM PDT by John S Mosby (Sic Semper Tyrannis )
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To: nwrep

Why the NEED to be skipped, for obvious sakes.


37 posted on 05/30/2024 7:14:07 PM PDT by John S Mosby (Sic Semper Tyrannis )
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To: AnthonySoprano

What? So Biden can give the finger to the Supremes again?

“President Biden today announced another $5 billion in student loan forgiveness for 74,000 borrowers. It’s the latest batch of student debt cancellations after the U.S. Supreme Court struck down his larger forgiveness plan last year.”


38 posted on 05/30/2024 7:16:32 PM PDT by Toespi ( )
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To: AnthonySoprano

The central tenet of the LAW is that the Jury does not decide what is the “crime” which this joker judge and his team of thugs designed for them to do this— It has NEVER been the Jury to decide the crime, and in this case worse, to give them a series of choices all being called “predicate” crimes.
This is also known as multiple choice BILLS OF ATTAINDER. In point of fact.

Thanks for all the great postings Tony!


39 posted on 05/30/2024 7:17:31 PM PDT by John S Mosby (Sic Semper Tyrannis )
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To: sunny bonobo

The Trump blind trust was being run by his sons.. not him. Another point to the point he was not doing this or directing it.


40 posted on 05/30/2024 7:20:03 PM PDT by John S Mosby (Sic Semper Tyrannis )
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