Revealed: Trump's possible strategy after indictment

There are so many examples of due process violations in the Trump cases, Mark Levin believes that “they’re almost impossible to compile.”

“What was the point of all these due process violations? To influence the election,” Levin says, answering himself. “How? They get a guilty verdict. And so, while you’re in the one lane trying to overturn that guilty verdict, you’re in this other path you're trying to create to the steps of the Supreme Court.”

“You have the interference in a presidential election,” Levin adds, noting that this and the due process violations are what Trump must focus on in order to win this legal battle.

“You have equal protection arguments that you can make as well,” he says.

So, how does Trump get this to the Supreme Court?

“You’re building a path to the Supreme Court that the Supreme Court may not entertain. You still have deadlines on the appellate process in the state. You don’t want to blow through those, so you still need to do that for your client. And ultimately, if the best thing you can do has to be done after the election, then it’s done after the election."

“But you don’t have to just stand for that, so you try and build a path to the Supreme Court,” Levin says.

While Levin notes that he can’t find a runaround way to the Supreme Court, he’s found another way.

“I’ve spent time digging into this,” Levin says. “In New York, you would file the notice of appeal to preserve your right to appeal and ask for a stay of the trial court.”

“I would file an emergency notice of appeal,” he continues, adding, “and I would seek from that New York appellate court an expedited or emergency review. Then, I might file applications for the common law writs with the U.S. Supreme Court, where the Supreme Court can take action if it chooses and legitimately claim the harm is immediate and ongoing.”

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