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.
Reaganite— who realized that Trump is MORE than Reagan. Much more.
Ugh.
Number 2— the invoices were all drawn by Cohen. Not Trump
personally in any case.
Number 3. False Tax documents— from the Trump Org which is
audited EVERY year, by NY State and US IRS. Not even remotely possible. Ledger line item was for payment made to an attorney— legal fees. Which Cohen has publicly confessed to have defrauded Trump of 60K and more— in those “invoices” for “fees” he kept for himself or split with Daniels. A pair of scammers.
Why do you say that? Trump will be sentenced in July just before the convention. Tomorrow is June 1.
Let’s see if the First Department stays sentencing pending determination of the appeal. You know they’re going to be asked to do so.
Well stated
SCOTUS was facing a two-week deadline for Florida to certify the election, and a week had already passed. The election had to be certified so that Gore could contest it before the safe-harbor deadline for the Electoral College.
In New York, SCOTUS can move at a slower pace. Trump can try for an expedited appeal in New York first. If New York slow-walks it, then Trump can go to SCOTUS.
-PJ
If it was Joe Biden, SCOTUS would call an emergency meeting.
It certainly never would’ve got to this point.
Justice is by who you are.
Right, because of BvG the SC does not any part of a case that affects an election. The constant rat/MSM accusation that they meddled has them completely intimidated.
Thanks for the explanation , I am sure that New York will slow walk this. I had forgotten that it was down to a one week deadline in Florida.
People forget that there were two SCOTUS rulings in Bush v Gore.
The first was a 7-2 decision for Bush that the 14th amendment equal protection was being violated by only recounting the three heaviest Democrat counties in the state. Voters in the other counties had an equal right to have their votes recounted, too.
The second vote was 5-4 on the remedy of whether Florida had time to do a full statewide recount. SCOTUS ruled that there wasn't enough time for a full recount and put a stop to the recounts, making Florida go with the certified counts at the time.
This was all because of the short timeline to meet the Electoral College safe-harbor date. New York doesn't have that tight a deadline, but time is still short for Trump to act.
-PJ
He was convicted of falsifying books on 2017, which would cover his period as President.
“The New York case doesn’t face that hard deadline to act.”
Yes they do have a deadline ... Tuesday, November 5, 2024.
“He was convicted of falsifying books on 2017, which would cover his period as President.”
He was convicted of falsifying books in 2015, which would not cover his period as President.
Every single charge was post presidency. Must be nice to be so confident about something that you know nothing about.
“Every single charge was post presidency. Must be nice to be so confident about something that you know nothing about.
To cover up the conspiracy that began prior to Nov 2016.
https://www.scribd.com/document/636104585/Donald-J-Trump-SOF
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