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“ 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)
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.
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?
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.
Sadly, I think his lawyers are SUB PAR! He should have ASHLEIGH MERCHANT!
BTTT
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
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.
bkmk
According to my court guru, Zen Master, not until the sentence has been passed. Until then, technically, there has been no “conviction”.