Levin to Trump’s attorneys: Next stop? The Supreme Court!

In Bush v. Gore, the United States Supreme Court interceded in the Florida Supreme Court’s deliberations because that court was changing the Florida voting system on the fly, thereby violating the Equal Protection rights of Florida voters. The state court was establishing new standards for resolving a presidential election.

The Manhattan trial court has done worse in the farcical “hush-money” case. 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 U.S. Attorney’s Office in the Southern District of New York — declined to bring charges.

I would strongly encourage his attorneys to seek an emergency appeal to the U.S. Supreme Court based on Bush v. Gore.

Judge Juan Merchan is conflicted. His daughter, Loren, is raising tens of millions of dollars on behalf of her Democratic Party clients.

Collateral evidence has been abundant (and has no probative value).

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, during a national campaign, raises all manner of First Amendment questions, problems, and concerns.

Moreover, this state court could easily have 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.

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 the court has also violated the federal constitutionally protected Due Process rights of the future Republican nominee for president.

Furthermore, the voters are to determine the federal election outcome without the interference of a state court attempting to influence the result. If President Trump is found guilty of any of the 34 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.