Supreme Court lacks 'authority' to free Trump, attorney claims

 June 10, 2024

Glenn Kirschner, an attorney and former federal prosecutor, stated on Friday that the Supreme Court lacks the "constitutional authority" to release Donald Trump from prison as he awaits an appeal of his guilty conviction in the former president's Manhattan criminal hush money case.

Last month, Trump—the likely Republican candidate for president in 2024—was convicted on 34 counts of filing false financial documents pertaining to hush money given to adult film actress Stormy Daniels just before the 2016 presidential election, as Newsweek reports.

Trump disputes the accusation that he had an intimate contact with Daniels in 2006.

Insistence on Innocence

The ex-president has insisted he is innocent, saying the investigation was biased. His attorneys will be filing an appeal of the decision.

On July 11, Trump will be sentenced by Judge Juan Merchan, who is supervising the case. The punishment that will be handed down, be it probation, house arrest, or prison time, is still to be determined.

Trump has the option of requesting a monetary bond to avoid jail time while he appeals, or he can ask to be freed on his own recognizance if he is found guilty.

Trump's Request

At the same time, Trump has asked the highest court in the land to step in and resolve the matter.

In a Truth Social post from June 2, the former president wrote, "The 'Sentencing' for not having done anything wrong will be, conveniently for the Fascists, 4 days before the Republican National Convention.

"A Radical Left [George] Soros backed D.A., who ran on a platform of 'I will get Trump,' reporting to an 'Acting' Local Judge, appointed by the Democrats, who is HIGHLY CONFLICTED, will make a decision which will determine the future of our Nation? The United States Supreme Court MUST DECIDE!"

Expert's Take

Kirschner, a longtime Trump opponent and former assistant U.S. attorney, has made it plain that the Supreme Court cannot assist Trump in his hypothetical request to attempt to avoid jail time pending appeal, even if Trump does face jail time.

"I don't think the Supreme Court has a basis to weigh in on that. The nature of the sentence imposed by a state court judge, as long as it's not illegal—in other words, it doesn't exceed the statutory maximum punishment," the expert went on to explain.

The attorney also asserted that "This certainly will not—the question of a state court sentence and whether it should begin being served pending appeal or not is not an issue that I think the Supreme Court even has the lawful authority.

"The constitutional authority to weigh in on," Kirschner told political commentator Brian Tyler Cohen on the YouTube show The Legal Breakdown on Friday.

To reach the Supreme Court, Trump would, in this hypothetical situation, have to clear the New York appellate courts. Further, this also applies in the event that the ex-president requests that the Court reverse the decision.

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