I’d like to introduce you to Jed Rubenfeld, Professor of Advanced Constitutional Law at Yale Law School.
Now you might think that most/all of these pinheads in academia are all Far-Left nuts, and you’d be right about most.
But from what I can tell about Professor Rubenfeld, he’s got his head screwed on straight and he’s a critical and fair thinker.
And he just put out a brilliant analysis on exactly what President Trump’s legal team needs to do to overturn this Guilty Verdict before the election.
We have over 5 million readers each month here at WLTReport and I know members of the Trump team read what we post, so please make sure this gets to the right people in President Trump’s inner circle.
Just this morning, Patrick Bet-David had Tom Fitton on his show and Pat kept asking Tom who the best legal experts are who could assist President Trump with making the right moves here. Who are the best and most aggressive.
Tom didn’t know, and as much as I like Tom Fitton and appreciate what he has done, he didn’t do himself any favors going on PBD’s pod this morning. He appeared mostly uninformed and he just kept adopting what Pat said. It was clear PBD was about 5 steps ahead of him throughout the whole interview.
But I bring that up because Pat was asking for EXACTLY what I’m about to show you.
A brilliant analysis from Professor Rubenfeld and something President Trump’s legal team needs to implement ASAP.
Actually, I should take one step back and say due to breaking news I just covered a few minutes ago, it’s POSSIBLE this entire case is thrown out as a mistrial….
If you haven’t seen that yet, read here:
TRUMP NEW YORK MISTRIAL? New Letter From Judge Merchan Reveals Jury Pool Tainted!
So with that caveat, now allow me to give you Professor Rubenfeld's analysis and we can just consider it our "belt and suspenders" backup plan if the case is now thrown out for a tainted jury.
Watch here:
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… pic.twitter.com/47neHaqPtB
— Kyle Becker (@kylenabecker) June 6, 2024
FULL TRANSCRIPT:
"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 of 136 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 Law Professor Jeb Rubenfield, who teaches Advanced Constitutional Law, counseled the Trump legal team on a course of action that 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 team will ask for 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 on July 11th, sentencing will be announced. And at that point, that triggers 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 a massive, glaring problem with this legal appeals process.
"Of course that would take years, and that's a problem here. Why is it a problem? It's a problem because the election will have taken place and if this conviction is unlawful and unconstitutional, it could have an effect on that election."
"There are surveys, many polls in which a substantial number of American voters say they will not vote for Trump if 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 appeal years later, that effect could not be undone in 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 Attorney Bragg and Judge Merchan will have UNLAWFULLY INTERFERED with the election and decided the outcome of the next election through 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 avenue that the Trump lawyers could pursue. They could sue in federal court and ask for an emergency temporary restraining order."
"Restraining order of what? Well, let me tell you something that you might not know. You've probably been reading in the press if you've been reading about this case. The Trump 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 an emergency temporary restraining order halting Judge Merchan from entering that judgment of guilt until the federal courts have had an opportunity to review and rule on the serious constitutional arguments that exist here."
"Let me tell you why I think that might be a very important thing to happen. Because going after, criminally, a former president of the United States and somebody who is running for president now, that's a VERY BAD LOOK for this country."
"It's an especially bad look when the folks bring in the case and the judge deciding it are members of the opposing political party. And it's an even worse look when the crime is so unclear that the state is hiding the ball about what the actual charges are right up through the trial and indeed into the trial."
"And even now, we don't know exactly what the jury found Trump guilty of. If you're going to go after a former president and somebody who's running for president now the poll leading candidate, if you're a member of the other party and you're going to do that, YOU BETTER HAVE THE GOODS. You better not be pursuing some novel legal theory where you have to hide the ball. It's not even clear what the charges are."
"That could be a very dangerous precedent for this country. A very bad and dangerous precedent."
"That's why it's so important for a federal court to review the constitutionality of this prosecution and decide, was it constitutional, was it not?"
"The only way to achieve that before the election takes place is for the Trump team to file an action in federal court and ask the federal court to temporarily hold off the entry of the judgment of guilt until the federal courts and maybe the Supreme Court itself can on an emergency basis adjudicate the likelihood of success of these constitutional arguments."
"If that doesn't happen, then that IRREPARABLE HARM danger that I mentioned before, well that's where we are."
"But if it does happen, the nation could get a ruling from the federal courts, even the Supreme Court of the United States, before the election takes place."
"Maybe that's what the nation needs and maybe that's what the law requires here. So if I were Trump's lawyer, that's probably what I would do."
Thanks for the great work Professor and for the clear-thinking and unbiased presentation!
Just the facts ma'am!
Or in this case, just the law sir!
Thank you!
You can Follow Professor Rubenfeld on X here:
You can follow Professor @Jed_Rubenfeld on X pic.twitter.com/Dne56D0woX
— Kyle Becker (@kylenabecker) June 6, 2024
But that's not all....
Now let me give you even more.
We first brought you this report a few days ago:
Trump's Game Plan: The Legal Path to Flip His Conviction
I bet CNN wasn't expecting that.
Their guest, attorney Mark O'Mara admitted on air that 'there's a number of significant issues' regarding this case.
He thinks Trump has a great chance to get this thing flipped.
But you see, the usual appeals process for someone convicted in New York state can take almost a year or more.
And in New York, you gotta wait till after sentencing to appeal the verdict.
When's his sentencing?
It's on July 11th.
From there, he's got 30 days to file a notice of appeal.
Once that notice is in, Trump's legal team usually has six months to get all their paperwork and filings finished.
So basically, it sounds like this will drag out until the election in November.
CNN reports the likely game plan Trump will follow:
The typical appeals process for a convicted defendant in New York state can take almost a year or more. Donald Trump’s lawyers could try to delay the process further after the former president was convicted on 34 felonies on Thursday.
Under New York law, any appeal of the verdict comes after sentencing. Trump’s sentence date is currently scheduled for July 11. As a defendant, Trump then has 30 days to file a notice of appeal.
Once that notice is filed Trump’s legal team would typically have six months to complete procedural requirements like filing their appellate argument as well as filing other relevant documents like the trial transcripts.
Once the appeal is fully submitted, attorneys for the Manhattan District Attorney’s office would likely be given approximately 30 days to file a response.
Trump’s legal team will have one more opportunity to submit a brief in response to the prosecution’s filing soon after that.
A five-judge panel for the Appellate Division First Department will then hear oral arguments from both sides and issue a written decision which could take months. The panel is not subject to a deadline.
If the lower appeals court ultimately rejects Trump’s appeal and upholds the jury’s verdict, Trump can take it to the Court of Appeals, New York’s highest court.
Attorney Mark O'Mara: "I actually think [the odds on appeal for President Trump] are pretty good because there are a number of significant issues on the way this trial was handled."
— Michael (@NewsTalkPD) May 31, 2024
This isn't over.
Can you sense the coming headlines? 'Trump EXONERATED"
This verdict is a disgrace and makes me ashamed of the NY legal system, where I started as a lawyer over 30 years ago. If they can do this to the leading presidential candidate, they can do it to any of us. It should be overturned on appeal and I’m voting TRUMP! Are you with me? pic.twitter.com/DYyuxBLi9j
— Harmeet K. Dhillon (@pnjaban) May 30, 2024
Even biden thinks he should be able to appeal.
(If Trump posted a video with biden's name not capitalized, maybe we should keep that trend going)
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