Why Trump will win on appeal

US News & Politics
1

The accused shall enjoy the right to a speedy and public trial, by an impartial jury In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

by an impartial jury
The jury was far from impartial. Trump was entitled to a trial by an “impartial jury.” Since Manhattan is so solidly Democrat, a change of venue would be necessary. Judge Merchan said, “No.” So, during jury selection, Trump’s attorneys tried to get rid of people with a bias against Trump. Merchan let them stay. Trump was not allowed to have an “impartial Jury.

to be informed of the nature and cause of the accusation;
”The indictment did not specify which “crime” the bookkeeping issues concealed. That prevented Trump’s lawyers from presenting a defense. When they pushed to get that information, Judge Merchan denied them.

to have compulsory process for obtaining witnesses in his favor
Merchan denied Trump’s ability to bring witnesses, particularly former FEC Chair Bradley Smith, who would have told how the FEC had reviewed this situation and found that it did not violate any law. Merchan insisted that he would tell the jury what the law was.

to have compulsory process for obtaining witnesses in his favor
Merchan effectively barred testimony from the one witness Trump did manage to call, Robert Costello, by instantly sustaining all objections to virtually any part of Costello’s testimony. This functionally denied Trump the “assistance of counsel,” as well as a primary witness in his favor.

Merchan’s major constitutional error was not recognizing that the state law invoked had been superseded by the Supreme Court in Trump v Anderson just two months before this trial. SCOTUS declared that presidential elections are federal elections and state courts have no jurisdiction over them. Thus, even if everything alleged by DA Bragg and pushed improperly by Judge Merchan were true, it would not matter. The Manhattan Court had no business sticking its nose where it did not belong.

2 Likes
2

And then there is the interference from the WH.

December 2022, Colangelo left the Biden Department of Justice to jump start the criminal case against Trump. Biden had previously named Colangelo his acting associate attorney general—the third-highest-ranking official in the DOJ.

Bragg’s predecessor, District Attorney Cyrus Vance, arranged for private criminal defense attorney and former federal prosecutor Mark Pomerantz to be a special assistant district attorney for the Manhattan D.A.’s office.” even before being sworn in as a special assistant to the Manhattan D.A., Pomerantz had reportedly ‘been helping with the case informally for months.

Soon after the Manhattan D.A. hired Pomerantz, two of his colleagues, Elyssa Abuhoff and Caroline Williamson, also took leaves of absence from Paul, Weiss to serve as special assistant district attorneys on the Trump investigation. Paul, Weiss topped the list of Biden fundraisers, bundling at least $100,000 for the then-candidate.

1 Like
3

His appeal still has to go through the New York judicial system before reaching the supreme court! That is some thick bullshit that his legal team has to wade through! Sigh!

2 Likes
4

“The case is considered completed at sentencing,” she said. “At that point, his lawyers file a notice of appeal … letting the court know that he intends to appeal.”

At that point, they will also request a “stay” on the sentence, meaning a pause on imposing the sentence while the case is being appealed.

This appeal goes to the Appellate Division, First Judicial Department in Manhattan. The appeals court doesn’t retry the case. “They’re not going to substitute their judgment on the facts for the jury’s judgment,” Bader explained. Instead, “they’re looking for where there was error that would have led to an improper prosecution or an unfair trial.”

The appeals process would take several months to a year, she said. After the notice of appeal is given, the record of the case is gathered, including trial transcripts, the indictment, pretrial motions, evidentiary rulings, jury selection and instructions, and more. Trump could also appeal the sentencing. The lawyers need to write their arguments for all of the issues they’re objecting to, and that takes time, Bader said.

And then the appeals court needs to consider the case and write a decision on it.

If Trump ultimately isn’t successful at the appellate level, he can appeal to the highest court in New York state, which is called the Court of Appeals. But the court decides whether or not it takes the case.

After such an appeal to the highest state court, the case would be over — unless Trump tries to appeal to the U.S. Supreme Court. But there has to be a U.S. constitutional issue for that.

Meanwhile the state of NY is guilty of election interference.

5

It’s very clear Trump did NOT get a fair trail and everything was stacked against him . But his chances of winning an appeal are zero !
I seem to recall when Trump won his case by the SC a few of the member said " he won this but things will be different later "

6

That is correct, however his legal team would have to find where in this legal process that it becomes a constitutional issue such as using the 6th Amendment as the basis for submitting an appeal to the SCOTUS. For example his legal team can challenge that Trump’s defense team was denied to call their witness and or compulsory discovery process. In which both instances Trumps constitutional rights were violated.

https://constitution.congress.gov/constitution/amendment-6/

1 Like
7

SO MANY ISSUES THE JUDGE WILL NEED TO ANSWER FOR.

1 Like
8

As far as we are concerned. Not so much for the other side.

I don’t know how much longer the Left can rule this country…literally but, I hope not much longer.

1 Like
9

It would appear they will be in control for a very long time . It reminds me of the slavery days were the master provided all that was needed , food , shelter , clothes , etc Today it’s food , hotels , healthcare , cash etc. These people wouldn’t know what to do if the government stop providing for their every need and want . Soon the demoRATS numbers will be insurmountable because as dickhead Sen. Chuck Schumer proudly boosted "we will make ALL undoctumented CITIZENS it our GOAL !!!

Back to Videos

Schumer Calls For Path To Citizenship For “All 11 Million, Or However Many” Illegal Immigrants There Are

Senate Democratic Majority Leader Chuck Schumer called for a “path to citizenship” for “all 11 million” illegal immigrants in the U.S., “or however many undocumented, there are here,” adding that they work harder and commit fewer crimes than native American citizens.

SEN. CHUCK SCHUMER: Now more than ever we’re short of workers. We have a population that is not reproducing on its own with the same level that it used to. The only way we’re going to have a great future in America is if we welcome and embrace immigrants – the DREAMers and all of them – because our ultimate goal is to help the DREAMers – but get a path to citizenship for all 11 million, or however many undocumented, there are here.

…

Immigrants, undocumented, and documented have a higher rate of employment & a lower rate of crime than average Americans — so all the BS spread by these right-wing people, the nastiness, it’s just not true. It just aggravates me!

1 Like
10

Why Trump will win on appeal…

image
image800×590 54.5 KB

image
image800×571 55.1 KB

3 Likes
11

And, for the entire world to see. The world at large understands probably deeper than Yanks that is the difference between us and the world, but only as long as it’s in working order. If not, we’re no better than any other banana republic, writ small.

If you have big money, be scared of NYC. You never know when your enemies will ascend to the positions of real power. Once your money is there, you can’t just pick up and leave, your money will take some time to be converted into a transportable asset. Meanwhile, if the big guns are out for you, you’ll be lucky to escape them. Extradition works from all the good places to be on the planet.

1 Like
12

And, Trump needs to come out right now and say in so many words that he will round up all illegals and return them to wherever they came from. Any that leave before getting caught will be allowed to apply for legal entry, but any that are caught will be blacklisted and put at the back of the list as it will become when this whole mess is completely cleaned up. That may be 50 years from now.

1 Like
13

But then Bill Maher comes along and yanks us out of our complacency with this historical slap-in-the-face reminder: “Rome didn’t fall and didn’t fall and didn’t fall — and then it did.” And he says, “If we want to stop this descent into civil war, we have to stop hating each other.”
Okay, but do we even know how anymore?

1 Like
14

Trump had made similar comments in September 2023, saying he would carry out “the largest domestic deportation operation in American history.” He also said he would be, “Following the Eisenhower Model” for such deportations, referencing a 1954 campaign to round up and expel Mexican migrants named for an ethnic slur—Operation Wetback.

On March 2, 2024, a post claimed that former U.S. President Donald Trump called “for mass detention camps and rounding up millions of Latinos, echoing Project 2025.”

The post on X was shared by a pro-Biden account, which posted a clip of Trump speaking at a campaign rally in Greensboro, North Carolina, on March 2, 2024. In the clip, Trump can be heard saying, “We will begin the largest domestic deportation operation in American history.”

1 Like
15

Trump is going to need some changes in existing law as proscribed by SCOTUS. The laws for demanding ID from people for no other purpose than forcing them to identify themselves is not permitted now unless they are white males. That has made it hard to do roadblock inspection points here and there looking for drug mules, and since many are black or Latino that has been ruled not legit as singling out blacks & Latinos. We need to have such funnels along the freeways with troops or cops at the mouth of the funnel for a quarter mile or so, and just over the next rise, a roadblock forcing every occupant to show ID and a prison bus there to load illegals into. They need to have cell-jamming devices there, too, so the Gotaways can’t notify friends & family to avoid the area. There will be every race & ethnic group on the planet, but someone will cry foul and screw-up the concept to the point of making it not work. This is in addition to Stop & Frisk in cities where undoubtedly it will need to be done in areas of almost all black., or Latino, or pick a group where they are almost the only people there, so that’s racist. The fact that it is also the areas where the illegals are won’t seem to matter. It’s like the Game Warden telling you not to fish in this spot because it’s where the fishing is best, but logic and lawyers don’t often co-exist. The laws existing and new need to be bullet-proof and this system will be in place for a long time, thanks to Joe. “Show me your papers” is on its way or we’re doomed.

By the way; every program needs an official moniker and I would like to see us hash it out right here so we in the bullpen can tell our grandchildren we named it!!

I offer:

one way air

16

It is routinely done for sobriety check and inspection sticker , updated registration checks . But our ACLU will make it a racial thing as usual .

1 Like
17

Because most of those citizens are white males. Does that bother anyone?

18

What’s not to like here? What citizens are against that?

19

Judge Merchan seems to have no alternative but to sentence Trump to jail, given the obvious fact that Merchan and his rabid constituents are inflamed by the enormity of Trump’s conviction on thirty-four felony counts. However, there are problems that place the judge between the proverbial rock and a hard place. Here are some possible issues:

What if the Republican convention is moved forward to, say, July 4th to be convened at Mar-A-Lago? Trump would be chosen as the Republican nominee for President. Then, Merchan would be sentencing the Republican nominee for President. That’s an escalation that might cause the judge to pause about his options.

Where does a prison sentence leave Merchan when it comes to the armed Secret Service? Does he say that Trump must give up Secret Service protection in prison? No, because he lacks the power to do this. Therefore, by sending Trump to prison, he effectively sentences his Secret Service agents to prison as well. This would create a constitutional crisis that SCOTUS would have to settle.

Normally, once someone is convicted of a felony in New York City, that person is immediately placed in the custody of NYC law enforcement and sent to Rikers Island Prison. Rikers Island, as Law & Order TV fans well know, is a hell-hole. Is it likely that the Secret Service would allow this for its agents? There’s another constitutional crisis.

What if Merchan sentences Trump to house arrest. Which house? Trump is a resident of Florida. The idea of house arrest, of course, would be to restrain Trump from campaigning. This would look like trying to unfairly influence the election. Not a good idea.

Probation is a possibility, but that seems much too light to fly with those who have Trump Derangement Syndrome (TDS). They have an irrational fear of Trump that leads them to obsessive hatred. TDS is rampant throughout the Democrat party and includes some RINOs as well. Certainly, Merchan, as an operative of the Democrat party, has TDS. Benny Thompson, a congressman from Mississippi, has raving TDS as attested by his introducing a bill in the House that would remove Trump’s Secret Service while in prison, an invitation to assassination.

The best that Democrats can get out of this is to call Trump a “convicted felon,” which they’re currently working to death.

The fun is just beginning.

2 Likes
20

So ! If EVERYONE is stopped what does that have to do with the number of white drivers compared to all others ? Why in the hell would THAT bother ANYONE ??? :confounded: :confounded: :confounded:

1 Like