Yale Law Professor Jed Rubenfeld analyzed the legal options that could be available to former President Donald Trump to prevent Manhattan District Attorney Alvin Bragg’s case from interfering in the 2024 election.
Rubenfeld recently spoke on his podcast, “Straight Down the Middle.” Digging deeper We explore Trump’s sentence and the various appeals routes he may pursue to counter the left’s legal battle. The most obvious path would be for Trump to challenge his conviction through the New York Appeals Court system and ultimately to the U.S. Supreme Court. But this process could take years. In the meantime, Trump could end up in jail and lose the election, which, as Rubenfeld points out, could lead to significant and irreversible consequences known as irreparable harm.
No, Rahul, that is not the case. Simply denying a TRO is not a final adjudication on the substantive issues, especially in a case like this where the federal court may choose not to address the substantive issues at all. https://t.co/RFcmWhbyhM
— Jed Rubenfeld (@Jed_Rubenfeld) June 7, 2024
Trump has a better, faster way to prevent the lawsuit from interfering with the election and invalidating the verdict: Rubenfeld said one idea is for Trump and his legal team to sue Manhattan District Attorney Alvin Bragg and other state officials in federal court, seeking an emergency temporary injunction to block Judge Juan Marchand from entering a conviction.
“You’re not convicted by the jury’s verdict. You’re not convicted unless the judge finds you guilty. As I said before, the judge has the power to set aside that verdict and enter an acquittal. You’re not convicted until the judge finds you guilty,” Rubenfeld said. Luke: Biden and Trump are tied in the national polls, but take a guess who your neighbors think they’ll vote for.
“So what will this federal lawsuit look like? In this federal lawsuit, Trump will be suing District Attorney Bragg and other state officials, and he will be asking a federal judge for an emergency temporary injunction to stop Judge Marchan from entering a conviction until a federal court has had an opportunity to consider and rule on the significant constitutional arguments in this case,” he said.
Rubenfeld said the lawsuit against Trump was a “very bad look for the country,” adding, “It looks especially bad that the people bringing the lawsuits and the judge who decided them are members of the opposing political party. And it looks even worse that the crimes were so vague that the state kept secret the actual charges until the very end of the trial and even after it began.”
He is right. What happened with Trump is a political court battle to interfere in the 2024 election. Biden and his cronies are trying to jail the former president and threatening to remove him from the White House because he is doing better than Biden in the polls. Trump should sue. He will win and his supporters can watch from the sidelines lamenting the failure of the left’s attempt to defeat Trump.
