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President Trump Should Appeal Hush Money Case To Supreme Court By A Writ Of Habeas Corpus, A Rarely Used Judicial Remedy That Can Potentially Fast-Track The Reversal Of Merchan’s Horrible Decision
https://www.thegatewaypundit.com ^ | 6/20/2024 | Paul Ingrassia

Posted on 06/20/2024 6:47:16 AM PDT by bitt

Extraordinary times call for extraordinary measures.

President Trump’s sentencing is scheduled for July 11th, less than a month away. Of course, it is no secret why Judge Merchan decided on this particular date: it takes place four days before the Republican National Convention is set to begin, on July 15th.

The hope, naturally, is that Judge Merchan – in collusion with District Attorney Bragg and Joe Biden’s Justice Department – will sentence President Trump, either by putting him behind bars or at the very least, on house arrest – thus denying him the opportunity to appear at the RNC in-person.

Historically, political conventions have given candidates of both parties a boost in their overall ratings. This year that expectation still remains true. But in a year where the incumbent has historically low approval ratings, and where most reputable polls have Biden losing to Trump in all key six battleground states, obviously Team Biden is now willing to do anything to prevent giving their opponent, President Trump, an additional ratings boost.

What is more, President Trump is careening down what looks to be an unstoppable trajectory, in part fueled by the political support he has garnered in recent weeks from the news of his unprecedented conviction. Millions of Americans, of all partisan stripes, rightly feel outraged by the bald-faced political prosecution of the leading candidate to become the 47th President – which has never been done in America, once the world’s beacon of freedom, before.

This sense of a weaponized, two-tier justice system has only been further emboldened with the political prosecutions of Steve Bannon, Peter Navarro, Dan Scavino, Rudy Giuliani, Christina Bobb, Mark Meadows, John Eastman, Jeffrey Clark, and countless other loyalists of the 45th President (to say nothing of the overwhelmingly peaceful demonstrators who appeared at the Capitol on January 6th), many of whom have been severe casualties of Leftist lawfare against them and the movement, which is sanctioned by Joe Biden and his apparatchiks in the Justice Department and various state agencies across the country, now with shameless abandon.

...MORE


TOPICS:
KEYWORDS: appeal; habeascorpus; hushmoneycase; hushmoneytrial; paulingrassia; reversibleerror; scotus; supremecourt; trump; trumpwinsagain

1 posted on 06/20/2024 6:47:16 AM PDT by bitt
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

P


2 posted on 06/20/2024 6:47:31 AM PDT by bitt (<img src=' 'width=30%>)
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To: bitt

“ The jury instructions, which have been hidden under a cloak of anonymity, to protect the court from further scrutiny – can serve as adequate grounds for an emergency appeal. There are many advantages to President Trump’s attorneys filing, what is called “a writ of habeas corpus,” a rarely used judicial remedy that was recently proposed by John Eastman in Newsweek, to appeal directly to the Supreme Court before the July 11th sentencing.

“The first advantage is that by fast-tracking this appeal directly to the Supreme Court, President Trump is likely to receive the kind of relief he seeks without the additional delays of appealing via traditional procedures through New York’s appellate system. A direct appeal to the Supreme Court can lead to it being overturned in one fell swoop based on the countless reversible errors all over this decision. Moreover, the Supreme Court is a much more politically amiable venue for President Trump, with the 6-3 conservative majority, who will no longer be at the mercy of a Democratic appointed judge and district attorney, marching out the vindictive orders of a malicious president. Since this is a case that is fundamentally about politics, it is best to cut to the chase and get to a more politically favorable courtroom as quickly as possible.

(This section should’ve been shared in the OP)


3 posted on 06/20/2024 6:55:43 AM PDT by aMorePerfectUnion (🦅 MAGADONIAN ⚔️ )
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To: bitt

Thanks for posting/pinging.

FTA ...

There are many advantages to President Trump’s attorneys filing, what is called “a writ of habeas corpus,” a rarely used judicial remedy that was recently proposed by John Eastman in Newsweek, to appeal directly to the Supreme Court before the July 11th sentencing.

The first advantage is that by fast-tracking this appeal directly to the Supreme Court, President Trump is likely to receive the kind of relief he seeks without the additional delays of appealing via traditional procedures through New York’s appellate system. A direct appeal to the Supreme Court can lead to it being overturned in one fell swoop based on the countless reversible errors all over this decision. Moreover, the Supreme Court is a much more politically amiable venue for President Trump, with the 6-3 conservative majority, who will no longer be at the mercy of a Democratic appointed judge and district attorney, marching out the vindictive orders of a malicious president. Since this is a case that is fundamentally about politics, it is best to cut to the chase and get to a more politically favorable courtroom as quickly as possible.

Another advantage in a direct appeal via a writ of habeas corpus is that it would take the wind out of the sails of Judge Merchan, who has clear animus towards the defendant, enough that should normally serve as a basis for a recusal. By appealing the traditional way through the appellate division, Judge Merchan still would have a lot of discretion in managing the details of President Trump’s sentencing; in particular, there may be a risk of Judge Merchan imprisoning President Trump while the appeal is pending.

As has been the case with many J6 defendants, judges have seen fit to make up rules as they go. In the case of J6 defendant Ryan Nichols, who was recently sentenced, his judge forced him to be detained in the three or so months prior to sentencing, even though that measure is as clear a violation of the defendant’s constitutional rights as one can get. As such, there is a real possibility that Judge Merchan might want to impose something like a house arrest order on President Trump, even while the appeal is ongoing, which the Judge might say is within his discretion under New York law.

Which leads to the third advantage of sidestepping all the state appeals nonsense and expediting this case to the Supreme Court directly: President Trump is not much more likely to get a fair hearing in any of the appellate courts in New York than he did in Judge Merchan’s courtroom. These judge panels are for the most part cut from the same cloth: liberal Democrats with a personal vendetta against Donald Trump. They are all pretty much in lockstep with Letitia James, New York’s rogue Attorney General, who memorably campaigned for her office on “getting” Donald Trump.


4 posted on 06/20/2024 6:56:35 AM PDT by Jane Long (The role of the GOP: to write sharply-worded letters as America becomes a communist hell-hole.)
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To: bitt

How do you hold him (or any other judge) accountable for judicial misconduct?

This case was so egregious he should be thrown off the bench AT MINIMUM, and disbarred.

Does anyone know if there is any action that can take place?


5 posted on 06/20/2024 7:00:36 AM PDT by Mr. K (No consequence of repealing Obamacare is worse than Obamacare)
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To: bitt

I’m surprised this hasn’t come up long ago. I remember the “Writ of Habeas Corpus” (give me the body) from studies in high school as an option for anyone inappropriately detained in the US. Maybe he needs to be detained before it can be invoked, but it seems like there should be some pre-detention planning that could be done prevent it.


6 posted on 06/20/2024 7:00:43 AM PDT by norwaypinesavage (Freud: projection is a defense mechanism of those struggling with inferiority complexes)
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To: bitt

Sadly, I think his lawyers are SUB PAR! He should have ASHLEIGH MERCHANT!


7 posted on 06/20/2024 7:04:27 AM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: bitt

BTTT


8 posted on 06/20/2024 7:10:55 AM PDT by nopardons
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To: bitt

Successful or not in this case, the Writ of Habeas Corpus is far from a rarely used procedure. It is routinely used, particularly by jailhouse lawyers, to attack their sentences or the conditions of confinement


9 posted on 06/20/2024 7:13:48 AM PDT by j.havenfarm (23 years on Free Republic, 12/10/23! More than 8,000 replies and still not shutting up!)
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To: j.havenfarm

You are correct. The article’s legal mind probably isn’t.


10 posted on 06/20/2024 7:21:05 AM PDT by Oystir ( )
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To: Ann Archy
"I think his lawyers are SUB PAR!"

No disrespect but I think his lawyers know a heck of a lot more about the law and about the kinds of legal issues that DJT is facing than any or all of the keyboard warriors, (Including me) here on FB.

His legal team has to work within the system as it is, not as we want it to be, and that takes time and in a rigged, unjust system sometimes the good guy loses.
11 posted on 06/20/2024 7:38:17 AM PDT by The Louiswu (Pray for Peace in the world.)
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To: bitt
This case has already caused irreparable harm to the country, as the phrase "convicted felon" has become the key rallying point for the Biden campaign. Voters have been affected by it according to many polls.

The court has a duty to inform the public that this prosecution was politically motivated, contained numerous errors of due process, and should not be used as a political strategy by an opposing candidate.

Even if the conviction were vacated today, the damage to the political process will be difficult to undo. If by any chance this tactic is rewarded, it will undermine our elected government permanently.

12 posted on 06/20/2024 7:45:45 AM PDT by Repealthe17thAmendment
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To: The Louiswu

It is beyond sad that in this two tiered justice system non- democrats have the Supreme court as their only recourse. Just think if Trump had not had the opportunity to place three justices on the panel. He’d spend the rest of his life in prison.


13 posted on 06/20/2024 7:46:32 AM PDT by pawpawrick (I had a life once but my job ate it)
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To: The Louiswu

They do NOT seem like PITBULLS!


14 posted on 06/20/2024 7:57:11 AM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: bitt

bkmk


15 posted on 06/20/2024 8:00:27 AM PDT by sauropod ("This is a time when people reveal themselves for who they are." James O'Keefe Ne supra crepidam)
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To: bitt

According to my court guru, Zen Master, not until the sentence has been passed. Until then, technically, there has been no “conviction”.


16 posted on 06/20/2024 8:23:17 AM PDT by LS ("Castles made of sand, fall in the sea . . . eventually." Jimi Hendrix)
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