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Prediction: Trump will argue that his NY conviction must be overturned because the court admitted evidence of conversations he had with his staff while President in order to prove knowledge and intent. He will argue those conversations were “official acts.” Judge Merchan and higher NY courts …./1
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/2 ….will reject the argument based on finding that those conversations were not official acts and that including it was harmless error. Trump will appeal from NY’s highest court to SCOTUS.
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/3 5 or 6 SCOTUS judges, who normally love harmless error like a 15-year-old-boy loves a tube sock, will find that it doesn’t apply to introduction of evidence of Presidentially-immune acts, and that the NY court didn’t analyze official acts doctrine right and remand for more proceedings.
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Exactly. Roberts put in a poison pill that means that the result of the trial will eventually be overturned by SCOTUS on appeal
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If it's Trump. If it's Biden, it will stand.
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Judge Juan Merchan moved sentencing to September 18 which means that Trump won't be able to appeal to SCOTUS before Election Day So, he'll have to run as a convicted felon
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what gives you confidence that the whole thing won’t be thrown out?
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Like Trump vs United States, it has to have the veneer of being inside the law As @kenwhite.bsky.social points out, it may be NY Appeal Court, 2nd Circuit Appeal Court and then to Sonia Sotomayor who is the supervising justice for the 2nd Circuit. Only then does Roberts get a chance at it
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No, it still wouldn’t be to the 2nd Circuit. You appeal from the highest court of the jurisdiction to the Supreme Court. So whatever pretentious shit New Yorkers call their highest court straight to SCOTUS.
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We call it the Court of Appeals. I mean, in a brief moment of fairness to us, it kinda does what it says on the tin. Calling our trial court the Supreme Court, on the other hand...
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Which means that Sotomayor wouldn't be able to get in the way?
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She could vote on whether to take the case like any other justice. But the route is not through the Circuit.
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Oh well. Probably a really good thing that Judge Juan Merchan moved sentencing to September 18th then It still makes it difficult for Trump to get it in front of SCOTUS before election day
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It would be sweet irony if Trump did manage to get a day with SCOTUS in early November and had to spend Election Day at SCOTUS I can see the headline "Trump's Supreme Court gets set to rule if Trump's conviction can be permitted"
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"Le Cirque-It Court" but only if you can't get reservations at Sushi Nakazawa.