Free Republic

The Supreme Court of the United States (SCOTUS) delivered two precedent-setting rulings that could significantly impact former President Donald Trump’s criminal convictions. In a decisive 6-3 decision in the Erlinger vs United States case, the Supreme Court ruled that juries must be unanimous on each criminal count, a standard not met in Trump’s New York case, where the jury returned a 4-4-4 verdict on the underlying crime. This ruling underlines that Trump’s conviction was unconstitutional and must be overturned. During Trump’s New York trial, the judge had instructed the jury that unanimity on the specific crimes was unnecessary, as long...

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....

For a variety of reasons, the United States Supreme Court has a constitutional obligation to take up President Trump’s criminal case following his unlawful conviction in New York state court. First and foremost, federal issues permeate this case. While it was never a case that should have been brought in any court in the first place, this case especially should not have been brought in state court, where jurisdiction patently does not exist. The driving legal issue was purportedly a campaign finance law violation which fell within the gamut of the Federal Election Commission. Bragg flimsily paired that charge with...

As the dust starts to settle on Trump’s conviction newly-minted status as an Outlaw President, legal scholars are starting to weigh in on the severe problems with Alvin Bragg’s case. First up, Ed Whelan passes on this this piece by Mr. Elie Honig, explaining some of the problems with the conviction: Trump's superpower is the ability to bring out the worst in both his supporters and his opponents. Bragg's prosecution sure strikes me as blatant example of latter, for reasons CNN senior legal analyst Elie Honig spells out in this powerful piece. https://t.co/y6CGA6Ald9 — Ed Whelan (@EdWhelanEPPC) May 31, 2024...

The judge who presided over Donald Trump’s fraud case closed off many avenues of appeal, leaving him few ways to escape his felony conviction

The conviction of former President Donald Trump in Manhattan of 34 felonies produced citywide celebrations. ... The celebrants would be wise to think twice before mounting this trophy kill on the political wall. The Trump trial is a target-rich environment for an appeal, with multiple layers of reversible error, in my view. I am less convinced by suggestions that the case could be challenged on the inability of Trump receiving a fair trial in a district that voted roughly 90 percent against him. The problem was not the jury, but the prosecutors and the judge. Some of the most compelling...

In presiding over the trial of George Zimmerman, who is accused of murdering Trayvon Martin, Judge Debra Nelson has made some awful rulings — none worse than failing to direct a verdict of acquittal on the preposterous second-degree “depraved mind” murder charge . The state’s evidence that Zimmerman had the necessary criminal intent is non-existent, much less sufficient to meet the “beyond a reasonable doubt” standard. Compelling evidence, moreover, establishes that Zimmerman acted in self-defense, a claim the state has not come close to refuting. (See Andrew Branca’s comprehensive summary here.) Wednesday morning provided a snapshot of Judge Nelson’s style:...