A recent verdict in the Trump hush money trial has prompted Yale Law Professor Jed Rubenfeld to examine the legal strategies former President Donald Trump’s legal team could employ to mitigate the potential impact on his 2024 presidential campaign. Rubenfeld outlines two primary options in a newly launched podcast titled “Straight Down the Middle.”
Option 1: Appeal Through the New York Appeals Court System
This option involves appealing the conviction through the New York Appeals Court system, potentially culminating in a review by the Supreme Court. However, this process is likely to be lengthy, taking several years to complete. According to Rubenfeld, this delay could constitute “irreparable harm” if the conviction is ultimately overturned, as it could influence the outcome of the 2024 presidential election.
Option 2: Emergency Temporary Restraining Order in Federal Court
An alternative strategy suggested by Rubenfeld is for Trump’s attorneys to file a lawsuit in federal court. This lawsuit would seek an emergency temporary restraining order to prevent Judge Juan Merchan from正式 entering a judgment of guilt until the federal courts have had an opportunity to review the constitutional arguments against the conviction. Rubenfeld emphasizes that Trump’s status as a “convicted felon” is not yet official until a formal judgment of guilt is entered. This legal maneuver could provide an avenue to challenge the outcome before the upcoming election.
Rubenfeld expresses concern over the potential consequences of criminal charges against former presidents, particularly when the crimes are “unclear” and the charging party and presiding judge are members of opposing political parties. He argues that the Trump case has been marred by a lack of clarity regarding the specific charges and could set a dangerous precedent for the country.
The legal team’s decision on how to proceed will be crucial in determining the impact of the conviction on Trump’s political aspirations. The outcome of any appeals or legal challenges will be closely watched, with potential implications for the 2024 presidential election.
