U.S. Supreme Court
If you closely followed an honest and accurate media source of the recent Non-Disclosure Agreement (NDA) trial of former president, Donald Trump, you know how extremely unfair it was. Most Americans, however, did not follow, followed only slightly, or followed on media that is strongly anti-Trump and does not report accurately…but it’s important to New York as well as to the United States that you know the truth because of the serious adverse unintended consequences Trump’s conviction will have on both. From two law professors (Alan Dershowitz, Jonathan Turley), a former judge (Jeanine Pirro), a former federal prosecutor (Trey Gowdy), a former assistant U.S. attorney general (John Yoo), a constitutional lawyer (Mark Levin), and some lawyers-legal analysts (Greg Jarrett, etc.) that attended the trial, I heard on T.V. the aforementioned legal experts discuss the following unfair practices that occurred during this “conviction-in-search-of-a-crime”.:
- The judge for this trial, Juan Merchan, was supposedly randomly selected. However, he is the same “randomly selected” judge who recently presided at the trial of former Trump advisor, Steve Bannon.
- Presiding judge Juan Merchan was asked to recuse himself because of serious conflicts because his daughter made millions from this trial raising money for Democrat politicians and Merchan personally donated to Biden’s 2020 campaign and also to groups that were anti-Republican candidates.
- Judge Merchan imposed a “gag-order” on Donald Trump alone, leaving his chief trial adversary (Michael Cohen) free to go on his podcast every night and rant about Trump, who could not reply due to the gag order.
- Merchan would not allow significant exculpatory witnesses at the trial, such as a former FEC chairman, who would have clarified that Trump “legal expense” ledger entry “Non-Disclosure Agreement” (NDA)was not fraudulent.
- Judge Mechan denied a change of venue (city where the trial would take place) even though it would be impossible for Trump to get an objective jury in New York city since it had voted for Biden against Trump with 85% of the vote.
- Trump was charged and convicted with a misdemeanor (entering a $130,000 payment to lawyer Michael Cohen in a ledger as a “legal expense”). The payment was reimbursement to Trump’s lawyer who paid porn star Stormy Daniels from his own money in a common and legal “Non-Disclosure Agreement” (NDA). The Statute of LImitations had expired so New York District Attorney, Alvin Bragg, in a novel (new) legal scheme tied the misdemeanor to a unspecified (until the Prosecution’s final Summation) any one of three Federal election violations. New York does not have jurisdiction over Federal election law. All of this was clearly a violation of the U.S. Constitution.
- Judge Merchan denied Robert Costello, Michael Cohen’s lawyer, from fully testifying to the statements made to him by Cohen, which demonstrated that everything Cohen said during this trial about Trump was a lie.
- Judge Merchan denied Trump’s defense team from presenting tax records that showed that Trump had no intention of cheating on his taxes and that his only concern was protecting his wife, Melanie, from hearing malicious information from Stormy Daniels.
- Merchan allowed all of the salacious testimony of Stormy Daniels although it had no probative value and had nothing to do with the charges against Trump.
- Judge Merchan’s jury instructions were 55 pages in length and took one hour and 40 minutes for him to read. They were confusing and parts were unconstitutional and could only lead to a guilty verdict.
I listed the items above to give you an idea of just how unfair and unconstitutional Trump’s trial was. There is no question that it will be eventually reversed, perhaps not by a New York appellate court since all of New York has the same problem, electing judges instead of appointing them. Therefore, if the usual course is followed, Trump won’t be exonerated prior to the 2024 presidential election in November, by which time the damage to his election will have already been done. This is a perfect example of the old maxim, “justice delayed is justice denied.”
Based on all of the above, and on a proposal from Constitutional lawyer Mark Levin, I believe that, in addition to the usual course of action through New York’s appellate courts, that Trump’s appeal also needs to go before the U.S. Supreme Court as soon as possible, The method to do this is based on Supreme Court Rule 20, Procedures to Petition for an Extraordinary Writ. Extraordinary Writs are rarely granted, however it’s worth an attempt because the fate of the United States depends on it.
