SCOTUS wont take up a case before it has gone thru the federal appeals process...
This case will go thru, the NY State appeal process.
A long shot would be to get SCOTUS involved based on the Federal aspect of the case - whether federal election law violations could be the basis for prosecution in state courts.
I’m guessing they would have to start at the Fed. District level...independent of any NY State appeals ?
Once the NY Supreme court rules, how would Pres. Trump be able to present his case to SCOTUS?
How much time will pass before anything like this would happen ?
What a mess...
“SCOTUS wont take up a case before it has gone thru the federal appeals process...
This case will go thru, the NY State appeal process.”
Florida 2000 sparky.
This has immediate direct national importance.
They did with Bush vs Gore didn’t they?
If and when Trump is placed in “state custody,” meaning either put in jail or placed under some other judicial restraint, then he can file a habeas petition in federal court. That normally requires exhaustion of state appellate remedies first, but there is an exception where “ circumstances exist that render such [state corrective] process ineffective to protect the rights of the applicant”
The habeas writ can be filed directly with SCOTUS without going through the lower courts first, but such direct writs are extremely rarely granted. This is obviously an extraordinary case, so it could happen.
If the judge simply allows Trump to remain at liberty pending appeal, however, then there would be no federal have as jurisdiction, and he would have to proceed through the state appellate process and then petition SCOTUS for certiorari from the final judgment of the NY Court of Appeals (NY’s highest court).
Was it a mess when Trump raised a quarter billion dollars in three days after the verdict?
Was it a mess when he gained 3 million tik tok followers in the same time?
Not to mention that everyone sees the fraud in our court system. Don’t underestimate the power in this accomplishment.