Trump's Hush Money Conviction: A Constitutional Quagmire with Potential to Impact 2024 Election
- June 9, 2024 02:03am
- 269
In the wake of former President Donald Trump's conviction on 34 counts of falsified business records, legal experts are exploring the potential avenues for appeal, including a strategy that could limit the impact of the conviction on the 2024 presidential election.
Harvard law professor emeritus Alan Dershowitz has denounced the Trump hush money trial verdict as "the worst legal verdict I've seen in 60 years." The conviction stems from Trump's efforts to conceal hush money payments made to adult film actress Stormy Daniels in the lead-up to the 2016 presidential election.
Legal experts have outlined the potential paths for Trump's legal team to challenge the conviction. The most obvious route is an appeal through the New York Appeals Court system, with the ultimate goal of reaching the Supreme Court. However, this process could take years to complete, potentially causing "irreparable harm" to Trump's political aspirations.
Yale Law Professor Jed Rubenfeld has proposed an alternative strategy: suing in federal court and requesting an emergency temporary restraining order to prevent Judge Juan Merchan from entering a judgment of guilt until the federal courts can review the constitutional arguments.
Rubenfeld argues that the case against Trump is politically motivated and that the charges are unclear. He believes that criminally targeting a former president and a leading candidate for office sets a dangerous precedent for the country.
Rubenfeld emphasizes the importance of a federal court review to determine the constitutionality of the prosecution. If the federal courts rule in Trump's favor, it could prevent the entry of a judgment of guilt before the 2024 election, mitigating the potential impact on his candidacy.
Rubenfeld expresses concern that the conviction could unlawfully influence the election outcome, especially given the substantial number of voters who say they would still support Trump despite his felony status. He maintains that it is essential for the federal courts to adjudicate the case before the election takes place.
Trump is scheduled to be sentenced on July 11, just days before the Republican National Convention. If he is sent to prison, it could cast a shadow over the Republican Party's efforts to rally support for his potential candidacy in the 2024 election.
The legal battle surrounding Trump's conviction is likely to continue for months, perhaps even years. The outcome will have significant implications for his political future and the broader legal landscape surrounding the criminal prosecution of former presidents.
In the meantime, the nation awaits the potential intervention of the federal courts to determine whether the prosecution of Trump is constitutional and whether it could irreparably harm the democratic process by unfairly influencing the 2024 presidential election.
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