Mark Levin urges Trump, if convicted, to bypass normal appellate process and appeal directly to Supreme Court

 May 30, 2024

The jury in former President Donald Trump's criminal trial in New York began deliberations on Wednesday and there is a definite possibility that the jurors could decide to convict him on some or all of the 34 falsification of business records charges he faces.

According to conservative talk radio host, author, and litigator Mark Levin, Trump's defense attorneys should immediately bypass the New York appellate court system and file an appeal directly with the Supreme Court if convicted, Breitbart reported.

Levin asserted such an unusual move was warranted by multiple serious constitutional and federal issues throughout the state's legal proceedings against the former president and presumptive Republican nominee during an election year.

Trump should appeal directly to the Supreme Court

Levin provided his "legal advice" for former President Trump's attorneys to immediately appeal any conviction to the Supreme Court in an X post on Wednesday that cited the high court's 2000 Bush v. Gore decision that halted the Florida Supreme Court from violating the federal "equal protection" rights of Florida voters by changing election rules on the fly.

"The Manhattan trial court has done worse," he wrote. "It has taken up a case in which there is exclusive FEDERAL JURISDICTION (involving the Federal Election Campaign Act) despite the fact that the federal agencies with authority over enforcing federal campaign laws, the Federal Election Commission and the Southern District of New York/U.S. attorney's office, declined to bring charges."

Levin went on to highlight several other seemingly appealable issues, such as "where the judge is conflicted (his daughter is raising tens of millions of dollars on behalf of her Democrat Party clients); where collateral evidence has been abundant (and has no probative value); where the elements of the supposed federal offense were never articulated by the state or the Court; the imposition of a gag order on the defendant who is the future Republican nominee for president in the midst of the federal campaign for president; and so forth."

"Moreover, this state court could have easily avoided influencing and interfering with the federal presidential election merely by setting a later time for the case, if the court actually believed it somehow had merit. After all, the state waited years to bring its case," he continued.

Leapfrogging the normal appellate procedure justified in this case

"Therefore, there is not only a federal constitutional equal protection violation, in that this state trial court has purposefully interposed itself into the federal presidential election without authority or jurisdiction but has also violated the federal constitutionally protected due process rights of the future Republican nominee for president," Levin said in his X post. "Furthermore, the voters are to determine the federal election outcome without the interference of a state court attempting to influence the result."

The conservative commentator concluded, "If President Trump is found guilty of any of the thirty-four charges, I would strongly encourage his attorneys to seek an emergency appeal to the U.S. Supreme Court based, at least in significant part, on Bush v. Gore."

Typically, the appeals process for a state court decision would go through an appellate court and then the state's Supreme Court, but Levin argued that in light of the multiple apparent violations of federal laws and constitutional rights, not to mention the condensed timeline between now and November's election, it would be necessary to avoid that lengthy process and jump straight to the only court whose final say truly matters.

Levin let everyone know how he really feels

That wasn't all that Mark Levin had to say about the Trump trial on Wednesday, as Breitbart reported that he earlier launched a righteous diatribe against "Stalinist clown Judge Juan Merchan" and his "jury instructions undoubtedly aimed at securing at least one conviction on any of the 34 phony charges against President Trump."

President Joe Biden "is poised to give a dictator’s speech when the jury finishes deliberating, and the regime is already prepared with its new nomenclature for President Trump -- 'convicted felon,'" he continued. "And, of course, the state-run media are at the ready, salivating and giddy at the chance to pile on at the behest of their dear leader."

"Reads like a Marxist-fascist storyline, but it’s the Democrat Party/Biden America, a tyrannical star chamber with hellish consequences for the nation," Levin declared. "A monumental spectacle of America’s fundamental transformation into just another authoritarian regime.

"Unless at least one juror says hell no, this will not and must not stand," he added. "A single patriotic citizen who will have the courage to reject the Democrat Party apparatchiks in the courtroom conducting a Potemkin trial in hopes of clearing the campaign field for a demented, pathological, power-hungry, dangerous thug of a president."

" A free people [claim] their rights, as derived from the laws of nature."
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