Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Can The Supreme Court Intervene After Trump’s Conviction? Legal Experts Say Yes.
Daily Wire ^ | May 31, 2024 | Zach Jewell

Posted on 05/31/2024 7:26:28 AM PDT by Red Badger

The guilty verdict against former President Donald Trump reached by a Manhattan jury on Thursday could ultimately be reviewed by the U.S. Supreme Court, legal experts said.

Trump was convicted on 34 felony counts of falsifying business records in an unprecedented verdict against the presumptive Republican presidential nominee just months before the 2024 election. The verdict is likely to be appealed by Trump’s legal team, however, and experts say the final decision in Trump’s hush-money trial could come down to a ruling from the highest court in the land.

Attorney Roger Severino, who is the vice president of Domestic Policy and the Joseph C. and Elizabeth A. Anderlik fellow at the Heritage Foundation, told “Morning Wire” on Friday that Trump’s legal team could make “constitutional arguments that his right to a fair trial was violated.”

“And the Constitution means something,” Severino added. “It means, if anything, you cannot jail political opponents because you don’t like what the American people are going to vote for.”

Severino said that he believes the Supreme Court will intervene in the case if Trump doesn’t win on appeal.

“Ultimately, I think the Supreme Court, if he doesn’t win on appeal, will take this up and reverse,” the attorney said. “This is a political prosecution. We are better than this as a country and this cannot stand.”

The Heritage Foundation fellow added that whether Trump ends up behind bars is still unknown, saying “it would be shameful if this judge were to order this man to go to jail when they weren’t able to point to any victims.”

“This is so shocking and unprecedented that we’re even discussing the possibility of putting political opponents in jail in the middle of an election,” he said.

Judge Juan Merchan scheduled Trump’s sentencing for July 11, just four days before the start of the Republican National Convention in Milwaukee where Trump is set to be nominated for president. The former president could face up to four years in prison.

Lawyer and political commentator Mark Levin also wrote about the possibility of the Supreme Court ruling on Trump’s guilty verdict, saying he was surprised that “TV lawyers and others” talking about Trump’s conviction “ignore a federal path to the Supreme Court.”

“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,” Levin wrote on Thursday night. “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,” he added.

Levin then laid out how the case that was prosecuted by Manhattan Democratic District Attorney Alvin Bragg and decided by 12 Manhattan jurors could go before the Supreme Court.

“In New York, you would file the notice of appeal, ask for a stay of the trial court, and seek expedited review,” he wrote. “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.”


TOPICS: Government; History; Military/Veterans; Politics
KEYWORDS: appeal; dueprocess; lawfare; persecution; politicalprosecution; scotus; trump; trumpguiltyverdict
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 101-109 next last
To: plain talk
"The guilty verdict against former President Donald Trump reached by a Manhattan jury on Thursday could ultimately be reviewed by the U.S. Supreme Court, legal experts said."

“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,” Levin wrote on Thursday night. “That is why I look to Bush v Gore, where the S Ct decided to step in BECAUSE it was a presidential election.”

41 posted on 05/31/2024 8:13:53 AM PDT by FreeReign
[ Post Reply | Private Reply | To 3 | View Replies]

To: nwrep
It seems that everyone in the legal community has an idea on how to get SCOTUS involved in this case except for Trump’s lawyers. Is Alina at the beauty salon?

You're just making things up.

42 posted on 05/31/2024 8:16:21 AM PDT by FreeReign
[ Post Reply | Private Reply | To 4 | View Replies]

To: Red Badger
And the Constitution means something,” Severino added. “It means, if anything, you cannot jail political opponents because you don’t like what the American people are going to vote for.”

Lol. The Leftists have been bankrupting and jailing Trump's allies for years without ANY repercussions, up to and including this revolting kangaroo trial. They laugh in our faces as we spout all the honorable phrases, as if we think it's going to change them. The truth as I see it is that we're out of any political means of stopping them, especially when the so-called "Republicans" aid and abet the Left at every turn.

43 posted on 05/31/2024 8:17:12 AM PDT by workerbee (==)
[ Post Reply | Private Reply | To 1 | View Replies]

To: wiseprince

“What a pathetic country”

*************

Its all about power and lies now.


44 posted on 05/31/2024 8:19:16 AM PDT by Starboard
[ Post Reply | Private Reply | To 40 | View Replies]

To: workerbee

Soap Box

Ballot Box

Jury Box

Ammo Box............................


45 posted on 05/31/2024 8:26:03 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
[ Post Reply | Private Reply | To 43 | View Replies]

To: Jim Noble

The State Legislatures will appoint 535 Electors in November 2024, and Congress will appoint the 3 Electors the States unwisely granted them in 1960.

Those 538 voters will meet at 51 locations in December 2024 and will elect the next President.


Good point to remember. The popular vote tally awards electoral votes per state. The Electoral College on the other hand, awards the votes and elects the President, 270 min required.
Regardless of the popular vote aggregate, let’s hope that the electors comprising the Electoral College are not influenced by President Trump’s felony conviction, and he falls short of the 270 threshold...


46 posted on 05/31/2024 8:27:00 AM PDT by AFret. (.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Red Badger

LOL.

We are screwed in that case...


47 posted on 05/31/2024 8:29:03 AM PDT by Dead Corpse (A Psalm in napalm...)
[ Post Reply | Private Reply | To 29 | View Replies]

To: Robert DeLong

I totally agree with your assessment. I don’t believe that any attorney in the world could have won this case in the environment where it was tried.


48 posted on 05/31/2024 8:29:56 AM PDT by wjcsux (On 3/14/1883 Karl Marx gave humanity his best gift, he died. )
[ Post Reply | Private Reply | To 18 | View Replies]

To: chuckee

Doomed


49 posted on 05/31/2024 8:30:32 AM PDT by gibsonguy
[ Post Reply | Private Reply | To 2 | View Replies]

To: Red Badger

normally.....all state remedies must be exhausted before going up to SCOTUS.

But this (like Bush v Gore) is not normal.

That’s the only path forward, however...insisting that this case is not normal and somehow getting SCOTUS to take it up.


50 posted on 05/31/2024 8:37:36 AM PDT by ConservativeDude
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robert DeLong

this is entirely correct....and I’d say the same thing about the “election”.

They are doing a completely different battle than us....and I’m not sure we are equipped to contend with them. We always think about normal stuff like rules, elections, etc.

That’s not what is happening here.


51 posted on 05/31/2024 8:40:35 AM PDT by ConservativeDude
[ Post Reply | Private Reply | To 18 | View Replies]

To: Robert DeLong

That’s their plan. After the 2024 election is stolen, the democrats will stack all the courts they control with leftists Marxists including the SCOTUS. 4 years from now our republic will be over.


52 posted on 05/31/2024 8:45:50 AM PDT by DownInFlames (p)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Jim Noble; AndyJackson
Criminal prosecution of a non crime of the leading candidate in an active election cycle that is now the resumptive opposition candidate.

The trial itself, was so abnormal from the jurisprudence that this nation has become known for. They refuse to allow witnesses for the offense, the judge showed clear bias to the defendant. His daughter was making money off of the case, and her clients were given special access to the court room that was closed to the public.

I mean I can go on & on.

I am not a lawyer, so this technically may not be considered to be a Constitutional crisis, but that is exactly what it is.

He is still under a gag order.

The bringing in of every thing that should never have been allowed in a criminal trial, where the crime was never really defined.

This was an absolutely corrupt prosecution, and it was being help in a state where a fair trial could never be possible. This is on par with Soviet Show trials of the communists. There is not one iota of difference at all.

The sum of what I have said is totally against what is spelled out in the Constitution, and everybody had better start to recognize this, and treat this as the Constitutional crisis and speaking in those terms. Because the more people that say it is the more recognition it will garner and the more disgusted people will become.

You both need to learn how to fight back, instead of pretending that whatever the legal consensus may be, to make it what the people see as a consensus.

Do not take this to be a complete & comprehensive indictment of this farce conviction. There is plenty more, but I have already said too much for most people to read.

53 posted on 05/31/2024 8:46:18 AM PDT by Robert DeLong
[ Post Reply | Private Reply | To 26 | View Replies]

To: Red Badger

But will they? Not likely.


54 posted on 05/31/2024 8:49:38 AM PDT by BigFreakinToad (Remember the Biden Kitchen Fire of 2004)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ComputerGuy

it’s going to take that. People like this “judge” needs to pay with a pound of flesh.


55 posted on 05/31/2024 8:51:44 AM PDT by BigFreakinToad (Remember the Biden Kitchen Fire of 2004)
[ Post Reply | Private Reply | To 17 | View Replies]

To: ConservativeDude

Yeah, absolutely. But the election was rigged, and the Republican GOPe were onboard, because they wanted to get rid of Trump & kill the MAGA movement. That was their mistake and why we are now totally committed to take over the Republican Party. This is a fight for this nation more so than a fight to take over the party, but if they continue to fight against us then the Republican Party will cease to exist along with this nation. They had better wake up to that and start to fight even more so than the Democrats fight. There is far more at stake here, and they are all still concerned about their power, instead of this nation.


56 posted on 05/31/2024 8:57:15 AM PDT by Robert DeLong
[ Post Reply | Private Reply | To 51 | View Replies]

To: Red Badger

The initial appeal is expected to take 6 months. Trump’s case wouldn’t reach the Supreme Court until 2028.


57 posted on 05/31/2024 9:00:14 AM PDT by aimhigh (1 John 3:23 "And THIS is His commandment . . . . ")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robert DeLong

right....and when I hear senators like Scott, Rubio and Cruz expressing their outrage, it comes across as very tepid and rather insincere. The reality is that every elected official in the GOP thinks that they should be President and they wish Trump would just go away so they can get back to politics as usual.

Vivek on the other hand sounds pretty convicted when he speaks. Of course he’s never held any office, so there is that.

Everything is at stake here.

And only Trump and his core team are actually in it for real. Everyone else is playing politics as usual and just trying to get the next position.

You might recall that the final Emperor inthe Western Roman Empire was something like Caesar Augustus Romulus...or maybe it was Romulus Caesar Augustus. But even though the Empire was crumbling, and did actually fall on his watch, he was still playing the game of “I’m a fancy Emperor. How do you know I’m fancy? Look at my amazing name!”

This is Soviet stuff going on. And Cruz and his ilk are feigning outrage on podcasts. It’s truly despicable.


58 posted on 05/31/2024 9:05:22 AM PDT by ConservativeDude
[ Post Reply | Private Reply | To 56 | View Replies]

To: Red Badger

“Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.”

H.L. Mencken


59 posted on 05/31/2024 9:09:37 AM PDT by Gnome1949
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Only if actions violate Fed laws(precedents) or Const.


60 posted on 05/31/2024 9:57:24 AM PDT by bobbo666 (Baizuo, )
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 101-109 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson