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OT: American Politics

MindzEye said:
No, but they haven't shown the willingness to go to constitution breaking lengths to protect Trump yet. They've actually avoided the fuck out of any situation where they're forced into making the decision between Trump and the constitution as of yet. I expect that to continue.
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SCOTUS could hear it easily enough. Trump’s team could bring a constitutional challenge against something. Low lying fruit in this case might be something like the fact that Trump was convicted for conspiracy to commit a crime (election fraud essentially) but the crime itself didn’t have to be proven. At least a few conservative SCOTUS judges now think that’s unconstitutional, for sure.
 
Also other things like the jury instructions or decisions the judge made during the case can be subject of appellate review. The verdict itself is not the issue.
SCOTUS will get it, and agreed that this SCOTUS is likely to find a reason to overturn.
 
manny said:
SCOTUS could hear it easily enough. Trump’s team could bring a constitutional challenge against something. Low lying fruit in this case might be something like the fact that Trump was convicted for conspiracy to commit a crime (election fraud essentially) but the crime itself didn’t have to be proven. At least a few conservative SCOTUS judges now think that’s unconstitutional, for sure.
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My understanding is that SCOTUS doesn't really have a say about the application of state law and it's going to be pretty hard throwing out "Falsifying Business Records in the first degree" as unconstitutional laws.
 
MindzEye said:
My understanding is that SCOTUS doesn't really have a say about the application of state law and it's going to be pretty hard throwing out "Falsifying Business Records in the first degree" as unconstitutional laws.
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Falsifying business records is usually a misdemeanor though. In Trump’s case it was a felony because it was done as part of an effort to commit a different, underlying crime. The underlying crime here was election fraud.

But Trump has never been convicted of election fraud. NY State law doesn’t require the underlying crime to be proven beyond a reasonable doubt first, before falsifying business records becomes a felony rather than a misdemeanor. Trump can argue that is unconstitutional.

Sure I’m oversimplifying, but that’s the basis for a constitutional challenge that can get to SCOTUS right there. Among others.
 
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