Donald Trump Urged to Make Rare Supreme Court Move
Donald Trump arrives at Trump Tower on May 30, 2024 in New York City. Trump was convicted on 34 counts in his hush money case.
Former President Donald Trump should ask the U.S. Supreme Court to overturn his hush money conviction, his former attorney said.
John Eastman, who was indicted in Georgia and Arizona for allegedly trying to illegally interfere in the 2020 election result, told host Emerald Robinson on the conservative online news site Frank Speech on Monday that a judicial remedy is needed before Trump supporters take the law into their own hands.
"I urge Trump's legal team to file a writ of habeas corpus with the U.S Supreme Court," he said. "It's a rare move, but I think it needs to be done before people start seeking remedies on their own."
Trump, the presumptive Republican presidential nominee, faced trial in New York City on 34 counts of falsifying business records for hush money payments made to adult film actor Stormy Daniels. On May 30, a jury convicted him on all 34 counts.
Eastman said that Trump was not granted a fair trial.
"I'm not only troubled by this judicial lynch up in New York, but I am deeply concerned when you take away legal remedies to government tyranny, I am very concerned about what people might do to seek a remedy on their own," Eastman said.
Newsweek sought email comments from Trump's attorney on Tuesday.
Eastman said that Trump was a victim of the left's "lawfare" and the trial was "full of contradictions and violations of due process."
He said he hopes the Supreme Court will take up the case and see the danger posed by the conviction.
Greg Germain, a law professor at Syracuse University in New York, told Newsweek that he fully anticipated a huge number of habeas corpus and other challenges if Trump is imprisoned.
"If the judge sentences Trump to immediate prison, it would be World War III in the judicial system," he said. "I would expect Trump to file emergency appeals with the appellate division requesting a stay pending appeal, a habeas corpus action in federal court and legislative demands for Supreme Court intervention. I think the appellate division would quickly grant a stay pending appeal.
"And it would be a constitutional crisis in the middle of an election for a state court to sentence a leading presidential candidate to prison for a rather obscure records violation. I don't think that's going to happen. The judge will either not sentence Trump to prison at all or will impose a short prison sentence but issue a stay of the sentence pending appeal."
According to the legal website, FindLaw, "habeas corpus provides a separate avenue for challenging imprisonment." In rarer cases, it can be used by non-prisoners who challenge their conviction.
On May 17, Eastman pleaded not guilty in Phoenix to illegal interference in the Arizona count of the 2020 presidential election.
He was also indicted in Georgia, along with Trump and 17 others, on similar charges of interference in the 2020 election. He and Trump have pleaded not guilty to the Georgia charges.
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