{"id":2260168,"date":"2024-06-05T07:41:02","date_gmt":"2024-06-05T11:41:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/what-is-trumps-path-to-supreme-court-for-conviction-appeal\/"},"modified":"2024-06-05T07:46:42","modified_gmt":"2024-06-05T11:46:42","slug":"what-is-trumps-path-to-supreme-court-for-conviction-appeal","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/what-is-trumps-path-to-supreme-court-for-conviction-appeal\/","title":{"rendered":"How can Trump appeal for conviction at the Supreme Court?"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fwhat-is-trumps-path-to-supreme-court-for-conviction-appeal%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2260168&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Former\u2062 President Donald Trump \u200dhas asked the Supreme Court to\u200c intervene in his New York <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/the-big-problem-with-the-stormy-daniels-hush-money-case-against-trump\/\" title=\"The Big Problem With The Stormy Daniels Hush Money Case Against Trump\">hush money case<\/a>. Despite legal experts doubting the likelihood of immediate action, Trump, a leading Republican \u2062candidate, made\u200b the\u2063 plea on Truth Social. The case must first navigate the\u2063 state appeals process before reaching\u2064 the \u2064Supreme Court, \u200dfocusing on federal or\u200c constitutional law \u200bissues. Former President Donald Trump has sought Supreme \u2063Court \u2063intervention in his \u200cNew York hush money case. Legal experts question the immediacy of action.\u200b Trump, a prominent Republican candidate, appealed on Truth Social. The case \u2064faces state appeals before the Supreme Court, emphasizing federal and constitutional law aspects.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>Former President <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/donald-trump\/\" target=\"_blank\" rel=\"noopener\" title>Donald Trump<\/a> has urged the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/supreme-court\/\" target=\"_blank\" rel=\"noopener\" title>Supreme Court<\/a> to intervene in his hush money case in <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/new-york\/\" target=\"_blank\" rel=\"noopener\" title>New York<\/a> despite legal experts suggesting the likelihood of this happening soon, or at all, remaining low at this point.<\/p>\n<p>Trump, the leading Republican candidate for president, made his long-shot call for Supreme Court intervention in a post Sunday on Truth Social, days after a Manhattan jury found him guilty of 34 felony counts of falsifying business records.<\/p>\n<p>However, most legal experts say Trump\u2019s case must first navigate the New York state appeals process, which could take years under normal scheduling procedures. Only after exhausting state appeals can Trump petition the Supreme Court, which typically addresses matters of federal or constitutional law.<\/p>\n<figure><figcaption>Could Trump make a long-shot bid to appeal his guilty hush money verdict in the case brought by Alvin Bragg to the Supreme Court? (Associated Press)<\/figcaption><\/figure>\n<p>\u201cTrump has a lot of arguments on appeal, but most of those are state arguments,\u201d former federal prosecutor Neama Rahmani told the <em>Washington Examiner<\/em>. <\/p>\n<p>\u201cThe federal ones would have to really relate to a procedural or more likely a substantive due process. So, you know, things like a change of venue or the judge\u2019s failure to disqualify himself on some of his daughter\u2019s political activity, maybe he can make those arguments,\u201d Rahmani said.<\/p>\n<p>Some of Trump\u2019s allies have also advocated a quick Supreme Court review. Speaker of the House Mike Johnson (R-LA) reflected Trump\u2019s sentiments in a Fox News interview last week, asserting that the Supreme Court should intervene.<\/p>\n<p>A jury convicted Trump of falsifying <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/Business\" target=\"_blank\" rel=\"noreferrer noopener\">business<\/a> records in the first degree for incorrectly labeling payments to his former attorney Michael Cohen, whom Trump reimbursed in 2017 for Cohen\u2019s effort to suppress porn star Stormy Daniels\u2019s affair allegations ahead of the 2016 race. But the felony conviction meant the jury also had to have found Trump intended to commit \u201canother crime\u201d by falsifying the documents. The jury did not have to say as part of its verdict what that other crime was, although they did have to agree behind the scenes that there was an intent to commit one of several additional crimes, according to Merchan\u2019s jury instructions.<\/p>\n<p>To make a compelling case to the Supreme Court, which is inherently difficult at this stage, Trump\u2019s legal team would need to argue that his trial violated federal law or his constitutional rights, such as Trump\u2019s <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/group-our-vote-matters-is-suing-facebook-dominion-mark-zuckerberg-certain-state-officials-others-for-infringing-upon-right-to-vote-assemble-and-speak-freely-you-can-jo\/\" title=\"Group \u201cOur Vote Matters\u201d Is Suing Facebook, Dominion, Mark Zuckerberg, Certain State Officials, Others for Infringing Upon Right to Vote, Assemble and Speak Freely \u2013 You Can Join Too\">due process rights<\/a> under the 14th Amendment for prosecutors failing to target a specific predicate offense. Or Trump\u2019s legal team could argue that the convictions involved a wrongful application by Manhattan District Attorney Alvin Bragg\u2019s office of the Federal Election Campaign Act, which is federal law and not state law. Other potential federal issues that could be open for Supreme Court review include Trump\u2019s constitutional challenge to the gag order Merchan imposed. These arguments must have been explicitly raised during the initial trial to be considered by the Supreme Court, and Trump attorney Todd Blanche appeared to do so on multiple occasions.<\/p>\n<p>Conversely, disputes over the admissible evidence that Merchan allowed into the trial, such as Daniels\u2019s explicit detail about the \u201cpositions\u201d she and Trump allegedly had sex in, or the array of other entanglements in Trump\u2019s other <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/donald-trump-indictment-judge-in-classified-docs-case-open-to-trial-date-adjustments\/\" title=\"Judge open to adjusting trial date in Donald Trump indictment case involving classified documents.\">civil court cases<\/a> that prosecutors would have been able to ask him about if he had taken the witness stand would be solely for the state appeals court to handle.<\/p>\n<p>The typical appeals process involves filing an appeal with the New York State Appellate Division. If unsuccessful there, Trump could appeal to the New York Court of Appeals, the state\u2019s highest court. <\/p>\n<p>Rahmani said it is possible for Trump to continue pursuing all available state court appeals while also petitioning the Supreme Court, and if the justices denied Trump\u2019s petition at this point, he could attempt an appeal again once the New York\u2019s highest court has heard and ruled on his appeal.<\/p>\n<p>Other legal experts, such as veteran appellate attorney Alan Dershowitz, have suggested Trump could also attempt to jump straight to New York\u2019s highest court on the basis that prosecutors sought a speedy start to the trial before the election and that Trump should have his appeal expedited before Nov. 5 as well.<\/p>\n<p>\u201cUnder the current schedule, what could easily happen is this: He gets sentenced to some probation or some suspended sentence \u2014 something where he doesn\u2019t have to go to prison but where he\u2019s convicted. \u2026 He does that, campaigns, and loses the election,\u201d Dershowitz <a href=\"https:\/\/www.youtube.com\/watch?v=DziVUbgHNSg&#038;t=1104s\" target=\"_blank\" rel=\"noopener\" title>said<\/a> of a potential timeline of events for Trump.<\/p>\n<p>\u201cAnd then between Nov. 5 or the inauguration, the court reverses the conviction. \u2026 I think there\u2019s a possibility the Supreme Court would say that. I think there\u2019s a possibility the New York Court of Appeals would say that,\u201d Dershowitz added.<\/p>\n<p>Assuming it\u2019s a close election in November, Dershowitz said, \u201cWould anyone blame Donald Trump at that point for saying, \u2018This is an unfair election\u2019?\u201d Dershowitz added that he hopes Trump\u2019s attorneys seek to \u201cexpedite the sentencing and expedite the appeal,\u201d suggesting that since prosecutors rushed the case to trial, \u201cyou have to agree to rush to get a potential appellate reversal.\u201d<\/p>\n<p>The New York Appeals Court has in recent months disagreed with the ways in which lower courts conducted trials. In April, that court <a href=\"https:\/\/www.nycourts.gov\/ctapps\/Decisions\/2024\/Apr24\/24opn24-Decision.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">ruled<\/a> 4-3 to overturn Harvey Weinstein\u2019s 2020 rape conviction, concluding the jury was potentially prejudiced against the defendant because the judge permitted women to testify about allegations that were not part of the case to prove Weinstein\u2019s intent. That decision centered on at least one core issue similar to Trump\u2019s case, including a judge permitting prosecutors to ask about irrelevant misconduct if the defendant chose to testify.<\/p>\n<p>One pro-Trump legal scholar who is facing disbarment for his own alleged involvement in efforts to subvert the 2020 election, John Eastman, said Sunday that Trump\u2019s lawyers could make an extraordinary request to the Supreme Court to expedite his case to the justices.<\/p>\n<p>\u201cI urge Trump\u2019s legal team to file a writ of habeas corpus, an original writ, with the Supreme Court of the United States,\u201d Eastman <a href=\"https:\/\/x.com\/AbsoluteWithE\/status\/1797324453849727172?t=UK4Fw5by0Rb2AUh4yzSVng&#038;s=19\" target=\"_blank\" rel=\"noreferrer noopener\">said on Frankspeech.com<\/a>. \u201cIt\u2019s a rare move, but I think it needs to be done given these extraordinary circumstances, before people start seeking remedies on their own. \u2026 All the marbles are in play right now.\u201d<\/p>\n<p>Rahmani pointed out that the Supreme Court is already weighing whether Trump has immunity from the Jan. 6 indictment in <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/washington-dc\" target=\"_blank\" rel=\"noopener\" title=\"Washington, D.C.\">Washington, D.C.<\/a>, levied by special counsel Jack Smith. The former prosecutor said even if the justices found some immunity, it could be difficult to make the case that the ruling should apply to Trump in the hush money case because the evidence prosecutors put forward in that indictment involved some events that occurred before Trump was elected in November 2016.<\/p>\n<p>The Supreme Court previously rejected Trump\u2019s claims of immunity from a grand jury subpoena in which Bragg\u2019s predecessor, Cy Vance, sought Trump\u2019s tax and financial records.<\/p>\n<p>Justices Samuel Alito and Clarence Thomas <a href=\"https:\/\/www.supremecourt.gov\/opinions\/19pdf\/19-635_o7jq.pdf\" target=\"_blank\" rel=\"noopener\" title>dissented<\/a> from that decision. Alito said the court\u2019s majority did not impose enough burden on lawmakers to show a need for the records, and Thomas said Congress lacked the power to subpoena private records from anyone absent the context of an impeachment effort.<\/p>\n<p>\u201cIf a sitting President were charged in New York County, would he be arrested and fingerprinted?\u201d Alito wrote, saying the \u201centire imagined scene is farcical.\u201d<\/p>\n<p>\u201cCould he be sent to Rikers Island or be required to post bail? Could the judge impose restrictions on his travel? If the President were scheduled to travel abroad \u2014 perhaps to attend a G-7 meeting \u2014 would he have to get judicial approval? \u2026 If he were convicted, could he be imprisoned? Would aides be installed in a nearby cell?\u201d Alito added.<\/p>\n<p><strong><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noreferrer noopener\">CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER<\/a><\/strong><\/p>\n<p>The Supreme Court rarely intervenes in state criminal cases, with an acceptance rate of less than 1%, and it has a tendency to uphold state court convictions.<\/p>\n<p>The chances of the Supreme Court reviewing and reversing Trump\u2019s conviction are exceedingly slim, though Trump\u2019s recent comments suggest he might just try.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Former President Donald Trump is requesting Supreme Court intervention in his New York hush money case. Legal experts doubt the possibility of this happening soon, if at all. Despite being the top Republican presidential candidate, Trump\u2019s plea for Supreme Court involvement is considered a long shot<\/p>\n","protected":false},"author":2633,"featured_media":2260169,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/06\/MixCollage-04-Jun-2024-02-15-PM-2086.jpg.optimal.jpg","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[],"class_list":["post-2260168","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/06\/MixCollage-04-Jun-2024-02-15-PM-2086.jpg.optimal.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2260168","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/2633"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2260168"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2260168\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2260169"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2260168"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2260168"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2260168"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}