>>20981272 Is Trump really a 'convicted felon' before the Judge delivers a judgment of guilt?PNfascinating details
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Yale Law Professor Has Brilliant Plan for Trump Legal Team to Overturn 'Guilty' Verdict Before the Election
"Could Trump actually be put in jail?
You bet he could."
"Each count of this 34 count indictment has a maximum penalty attached to it of four years. Well, that's four times 34. That's a maximum sentence, prison sentence of136 years."
"Will he do that? Of course not. He won't. But could he sentence him to some incarceration? Yes, he could. Will he? Nobody knows."
Yale LawProfessor Jeb Rubenfield,who teaches Advanced Constitutional Law, counseled the Trump legal team on acourse of actionthat could potentially see his 'guilty' verdict overturned before the 2024 election.
"Now, when is sentencing scheduled for? Well, Judge Merchan has set it for July 11th."
"Will something happen between then and now? Yes. Trump's teamwill askfor a judgment notwithstanding the verdict."
"They'll ask for Judge Merchan to throw out the jury's verdict and find Trump innocent despite the verdict, and Judge Merchan will turn that down."
"Then there will be arguments about what the sentence should be briefing on both sides, possibly even a hearing. Then onJuly 11th, sentencingwill be announced. And at that point, thattriggers the Trump team's right to appeal."
"To what court would they appeal? Well, they would appeal to New York's appellate level court… And after the appellate court rules, then the case could go up to New York's highest court, which is actually called the Court of Appeals… And after that, the case could go up to the Supreme Court."
"And ultimately it might well go to the Supreme Court where finally we will have a definitive, conclusive ruling on whether the conviction was constitutional or not."
Professor Rubenfield identified amassive, glaring problemwith this legal appeals process.
"Of course thatwould take years, and that's a problem here.
Why is it a problem? It's a problem because theelection will have taken placeand if this conviction is unlawful and unconstitutional, it could have an effect on that election."
"There are surveys, many polls in which asubstantialnumber of Americanvoterssay theywill not vote for Trumpif he is convicted of a felony. Many independents say that, many Republicans even say that. If that's true, an unlawful conviction in this case could interfere with and in fact decide the outcome of the next election of the next President of the United States"
"Even if the conviction were reversed on appealyears later, that effect couldnot be undonein legal terms.
That's called IRREPARABLE HARM. The irreparable harm, once again, is that a 'convicted felon' could affect the election, could decide the election."
"And if so, then District AttorneyBragg and Judge Merchan will have UNLAWFULLY INTERFEREDwith the election and decided the outcome of the next electionthrough unconstitutional means. And no years long appeal could have any effect on that."
This is the critical point that Professor Rubenfield makes:There is another way.
"Well, is that where we are? So are we stuck with that possibility? Well, believe it or not,there is one other avenuethat the Trump lawyers could pursue. They could sue in federal court andask for an emergency temporary restraining order."
"Restraining order of what? Well, let me tell you something that you might not know. You've probably beenreading in the pressif you've been reading about this case. TheTrump is already a "convicted felon." The jury has convicted him. He's a "convicted felon."
"Well, guess what? THAT'S NOT TRUE."
"You're not a convicted felon because of a jury verdict. You're not convicted unless the judge enters a judgment of guilt against you. The judge still has the power, as I told you before, to throw out that verdict and enter a judgment of acquittal.You are not convicted until the judge enters that judgment of guilt."
"Now in New York, it's very likely that Judge Merchan will enter that judgment of guilt against Trump on the same day that he issued sentencing. That'd be July 11th."
"So what would this federal case be about in this federal action? Trump would sue District Attorney Bragg and other state actors and ask the judge, the federal judge, for anemergency temporary restraining order halting Judge Merchan from entering that judgment of guiltuntil thefederal courtshave had an opportunity toreview and ruleon the serious constitutional arguments that exist here….
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