Mark Levin's recommendation is that Trump's lawyers go directly to the Supreme Court.

Mark R. Levin

@marklevinshow

(excerpt)

As I watch TV lawyers and others talk about Trump's appeal options, I am surprised that they ignore a federal path to the Supreme Court. At issue is our federal voting system for president, the office of the presidency, and the ability of any local prosecutor to bring charges, even preposterous charges, against a presidential candidate. Appealing a guilty verdict through the state judicial process on, let's say, a guilty verdict on a state issue, would be understandable. But it does not address the more significant constitutional issue: what I will call reverse federalism, that is, the seizing of federal jurisdiction by a state. This issue will not go away as other local and state prosecutors find political benefit in continuing this kind of lawfare. The entire poisonous effort must be addressed, and only the U.S. Supreme Court can do that. The federal, presidential election process is at stake as is the office of the presidency. No appeal to higher state courts will not resolve what is now a horrendous federal election problem created by a single DA and acting state judge. The damage has already been done, and every day that passes the damage increases.

For this reason, and others, Bush v. Gore is the only path the Supreme Court has provided for review.The Equal Protection Clause was used by the High Court when the Florida Supreme Court continually altered the state voting system in an apparent effort to deliver the electoral college votes to Al Gore. The High Court found, among other things, that in doing so, the state court was imposing an "unequal" application of the election law on voters depending on what county they resided in, in violation of the 14th amendment.

In the case at hand, the principle of equal protection also applies. In fact, it is even more compelling than it was in Bush v. Gore. A single Democrat-elected DA, who ran for office campaigning that he would get Trump, a single Democrat-appointed acting judge, who is conflicted by his donations, associations, and daughter's fundraising on the case, together are preventing the putative Republican nominee for president from running a campaign for president (at least severely handicapping the campaign) for the first time in our nation's history. Never before have a DA and state judge so abused their offices as to even attempt to influence or interfere with a presidential election. The TV lawyers and others are gnashing their teeth over this, and rightly so. They are appalled at what they are witnessing inside the courtroom – the motions, the rulings, the judge's behavior, the jury instructions, etc. They are laying out reason after reason the case will be reversed on appeal, while lamenting that state appellate review is too slow to matter for purposes of the election. Former federal prosecutors opine that they have never seen a pro-prosecution judge like this. Defense attorneys are stunned at the multiple due process violations. Like a choir, the sing again and again about the damage this is doing to the rule of law, the justice system, the federal electoral process, and the federal election system, but they are blind to taking the only legal step that can be taken to at least attempt, in a serious, substantive, and federal constitutional way, to bring this case to the foot of the Supreme Court's steps, so that the High Court can at least decide whether it needs to intervene, as it did in Bush v. Gore, or should allow local and state officials bulldoze through our federal election system and, more specifically, through the public's ability to choose a president, the most important and powerful governmental official in our country.

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The Manhattan case is intended to interfere with the normal and routine campaign process to Trump's detriment and Biden's advantage. Too many lawyers will not bring themselves or are simply by experience and knowledge not able to bring themselves, to the point of using the legal system in a legitimate and, indeed, necessary way to confront what has occurred here. More to the point, by their actions, they are intending to deny millions of citizens, especially those who have not decided how they will vote in November, in what is expected to be a very close election decided by a handful of states, full access to and participation in a federal, presidential campaign process in which candidates use multiple methods and means to reach them and persuade them. Elections are how we select our top governmental officials. Unconstitutional interference by anyone or anybody must not stand.

4:55 PM · May 30, 2024

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