Posted on 05/29/2024 9:46:23 AM PDT by SeekAndFind
It’s true that Trump has been charged with a non-crime and that Manhattan District Attorney Alvin Bragg’s case against Trump has been severely undermined by his own witnesses. In fact, several Democrat experts have said Trump could be acquitted because of how bad some of the prosecution’s witnesses have been for the case.
But between the partisan jury and Biden donor Judge Juan Merchan’s jury instructions, it seems likely that Trump will be found guilty.
So the question is: what happens if the jury returns a guilty verdict?
According to conservative radio host Mark Levin, in the event of a guilty verdict, Trump could seek a direct appeal to the Supreme Court.
“I asked my friend of nearly 45-years [sic], Arthur Fergenson, who served as a law clerk to the late chief justice, Warren Burger, and one of the smartest lawyers I know, if he represented President Trump how he might seek a direct appeal to the Supreme Court if necessary,” Levin wrote in a post on X/Twitter.
Levin posted Fergenson’s reply.
The US Supreme Court can act by its statutory writs of certiorari to take a case from a lower appellate court, and the Court also has a host of other processes, often called common law writs. I became acquainted with these common law writs (actually authorized as a general matter by the Judiciary Act of 1789: law.justia.com/constitution/u… ), when IBM sought review of a discovery order by a vindictive federal judge when I was clerking for Chief Justice Warren Burger. A total of six petitions were filed; all were denied, and rarely are any common law writs ever issued by the Supreme Court, but there are, nonetheless, multiple ways to offer the Supreme Court an opportunity to forthwith review
(Excerpt) Read more at pjmedia.com ...
I like that just fine, don't you? Trump can ask them publicly if they'd like some cheese with that whine.
What happened of this clear case of election interference?
” leave New York City on his plane and go back to Florida”
Oh Merchan would love that. Biden would get in on the action too and send US Marshalls to execute him, I mean arrest him (deadly force authorized) and take him to Rikers.
Both
No he can't. Why does everyone think this is an option?
Because there are people who put some legalese, that they heard while watching Matlock, in a sentence and, just like that, they are instant lawyers.
the rest of that statute you left out
(b)For the purposes of this section, the term “highest court of a State” includes the District of Columbia Court of Appeals.
“the rest of that statute you left out
(b)For the purposes of this section, the term “highest court of a State” includes the District of Columbia Court of Appeals.”
Yes, I left it out as completely irrelevant since we’re not in the District of Columbia.
What about writs of Habeus Corpus? What about cases in which a federal Constitutional right has been violated by the state court - thus not able to be adjudicated by a state court?
These are 14th Amendment Due Process violations. That’s federal - specifically a petitioner’s case against the State of New York.
I don’t know exactly how it works with appeals, and I’m not a lawyer so I’m out of my comfort zone here, but if Trump was to sue the State of NY for violating his 14th Amendment rights, Article III of the Constitution says that the US Supreme Court would have original jurisdiction in the case. Is that not true? Or would the issue of whether it is an appeal versus a new case make a difference?
The Democrats must have been confident that the verdict in the Bragg case would not be overturned before the election or it would hardly have been worth having the trial.
\/
.... so.... not
” end of story “
. you're quite the piece of....work.
Are we in the District of Columbia?
The defense wanted to remind the jury that an NDA is not illegal but Merchan denied them the opportunity.
Plus Merchan allowed the prosecution to testify that the mysterious “underlying crime” was a valid charge.
nice weasel kung fu you got there
/-)
so who to listen to who..
you ?
or all the biggest lawyers in the country
even the democrat ones...
...hmmm..
you lose
i hope the narrative control cubicle doesn't dock your doughnut sprinkles for that.
/-)
You can appeal a decision from the highest court of a state to SCOTUS on constitutional grounds. But it has to be federal - a state high court is the end of the road for state law issues.
Yes - Habeas Corpus could eventually get to the SCOTUS. After State Court appeals are exhausted, a writ is filed in Federal District Court, appealed to the Circuit Court, then to the Supreme Court. And I’m a little rusty (not a constitutional attorney) but I think it is only for sentences of incarceration (the Latin means “produce the body”).
Finally, no, a person suing a state does not get you to the Supreme Court. That happens ALL THE TIME. New York has its own court set up for just that purpose, the Court of Claims. Only States suing each other have original jurisdiction before the Supreme Court, which is quite rare.
Joe Biden in FEC sponsored Presidential Debates said it wasn’t his son’s laptop and his son made no money and had no Chinese Deals.
How is that Not Election Interference?
How does that not violate Campaign Violations?
He suborned Intel peeps to support his Election Interference Lies.
If he’s convicted, Mecham will impose strict conditions for pre-sentencing release. Most likely Trump will be confined to Trump Tower except doctor visits. The Court can impose some pretty aggressive restrictions on electronic device access too. Trump could be delivering his RNC acceptance speech over the phone.
Exactly. The prosecution is supposed to prove crime occurred beyond a reasonable doubt, not just say here’s some evidence, these are the possible crimes that could’ve occurred, Don’t worry if you’re not sure, you all don’t need to agree, just as long as the majority does.
I’ve never heard jury instructions that allow a guilty or not guilty verdict without a union animus decision.
Think they know better...would be the biggest mistake ever made by a Democrat...
The actual text of Article III says, In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.”
Why would that not apply to Trump suing the State of NY for violating his 14th Amendment right to due process?
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