Longtime SCOTUS Clerk Reveals How Trump Can Immediately Move To Toss Potential NY Conviction

[240B]

Longtime SCOTUS Clerk Reveals How Trump Can Immediately Move To Toss Potential NY Conviction

Trending Politics
Cullen McCue
May 29, 2024

Arthur Fergenson, who previously served as a judicial clerk for late Chief Supreme Court Justice Warren Burger, revealed how former President Donald Trump can immediately petition the nation’s highest court to appeal a potential guilty verdict in the New York trial if necessary.

“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,” Fergenson told Mark Levin.

LI 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 a conviction by a rogue court, as would be the case here,” he continued.

(more)
https://trendingpoliticsnews.com/longtime-scotus-clerk-reveals-how-trump-can-immediately-move-to-toss-potential-ny-conviction-cmc/

[libertybele]

Longtime SCOTUS Clerk Reveals How Trump Can Immediately Move To Toss Potential NY Conviction

Trending Politics
Cullen McCue
May 29, 2024

Arthur Fergenson, who previously served as a judicial clerk for late Chief Supreme Court Justice Warren Burger, revealed how former President Donald Trump can immediately petition the nation’s highest court to appeal a potential guilty verdict in the New York trial if necessary.

“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,” Fergenson told Mark Levin.

LI 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 a conviction by a rogue court, as would be the case here,” he continued.

(more)
https://trendingpoliticsnews.com/longtime-scotus-clerk-reveals-how-trump-can-immediately-move-to-toss-potential-ny-conviction-cmc/

 

[Maj. Bill Martin]

None of this is new, but such writs are granted very rarely.That's even more unlikely in these cases because if he gets convicted, the sentences would almost certainly be stayed pending appeal, so there would be no need to skip the usual appeals process.

Now, if Trump gets convicted, Merchan sentences him to five years and orders immediate incarceration before appeal, and the New York Court of Appeals upholds that, then you.might have something.

Where you'd definitely have something is if they tried to keep him locked up after he won and was supposed to assume office.

[Cyber Liberty]

None of this is new, but such writs are granted very rarely.That's even more unlikely in these cases because if he gets convicted, the sentences would almost certainly be stayed pending appeal, so there would be no need to skip the usual appeals process.

Now, if Trump gets convicted, Merchan sentences him to five years and orders immediate incarceration before appeal, and the New York Court of Appeals upholds that, then you.might have something.

Where you'd definitely have something is if they tried to keep him locked up after he won and was supposed to assume office.

I am betting Merchan will order Trump to jail upon conviction to await sentencing.  They are already prepping his cell on Rikers Island.

[Maj. Bill Martin]

I am betting Merchan will order Trump to jail upon conviction to await sentencing.  They are already prepping his cell on Rikers Island.

Well, they technically have to prepare for immediate incarceration because they can't be sure the judge won't do it until sentencing.   But I don't think even Merchan is that stupid.

Though I could be wrong.

Really, Merchan imprisoning Trump immediately is the best case scenario other than an acquittal or hung jury.   The Supreme Court of that county would likely issue an immediate order for his release, but it would just underscore how much of a screw-job the whole trial was.

There's absolutely zero chance Trump can get me to vote for him.  But there is a tiny chance the "justice system" might.

[Cyber Liberty]

Well, they technically have to prepare for immediate incarceration because they can't be sure the judge won't do it until sentencing.   But I don't think even Merchan is that stupid.

Though I could be wrong.

Really, Merchan imprisoning Trump immediately is the best case scenario other than an acquittal or hung jury.   The Supreme Court of that county would likely issue an immediate order for his release, but it would just underscore how much of a screw-job the whole trial was.

There's absolutely zero chance Trump can get me to vote for him.  But there is a tiny chance the "justice system" might.

At this time, we can just watch and see.  Meanwhile, a hundred Columnists will churn out endless speculation.   

[Maj. Bill Martin]

At this time, we can just watch and see.  Meanwhile, a hundred Columnists will churn out endless speculation.   

That's guaranteed.