Trump’s lawyers – and the nation – can’t afford to just say “Bygones,” now that New York Judge Juan Merchan has announced he won’t sentence President-Elect Donald Trump to jail, Constitutional Scholar warned Sunday.
“I’m very disturbed by the legal analysis, by defense counsel and former prosecutors who say, ‘This may not be a great thing, but at least it gives Trump the opportunity to appeal,’ the iconic conservative commentator declared in the opening segment of “Life, Liberty & Levin.”
“What the hell are you talking about? Donald Trump is an innocent man,” Levin said, explaining that Trump, who hadn’t committed even a misdemeanor at either the state or federal level, had been subjected to “a Stalinist trial that violated at least four of his constitutional rights under the Bill of Rights of the federal Constitution.”
“What are you talking about?” Levin again asked those who say Merchan’s decision is some sort of victory.
Filing an appeal in the New York “gulag” court system would almost certainly be fruitless for someone like Trump, Levin said:
“The New York gulag is where you go if don’t want justice and you’re Republican or a conservative.”
“This was a runaway train. It’s still a runaway train,” Levin said, noting how Merchan, “an acting state judge who has no jurisdictional authority in a phony case of this sort to begin with,” decided to have a sentencing hearing mere days before Trump’s inauguration.
If the appeals process remains stuck in New York, Merchan will accomplish his goal of smearing Trump throughout his entire presidency.
“But, don’t worry, we’re told by defense lawyers, we’re told by former former federal prosecutors: ‘Look, unconditional discharge, no incarceration,’” Levin mocked.
The fact is that Judge Merchan knew he couldn’t afford to impose any kind of sentence on Trump, because it would’ve derailed his entire scheme, Levin said:
“If this clown excuse for a judge tried to put Donald Trump in prison or in an ankle bracelet, or anything of that kind, what do you think would happen?
“The DOJ would walk into the front door of the Supreme Court, they would take up the case immediately and they’d rule against this guy and they’d put him down.”
“He didn’t want the case to go where it ought to go: the Supreme Court,” where the case prosecuted by Manhattan District Attorney Alvin Bragg and presided over by Merchan would be exposed as “a complete setup of an innocent man,” Levin explained.
But, Trump’s not the only one who can’t afford to let the issue go and say “It’s okay, because it could’ve been worse,” Levin said.
“What the hell are these people talking about?” Levin asked, detailing how Merchan and Bragg have attacked, not only Trump, but also:
- The federal justice system,
- The state justice system,
- The primary electoral system at the federal level,
- The federal electoral system, and now,
- The office of the presidency.
That’s why Trump’s lawyers would be doing both their client and the nation a great service if they’d stop filing motions with Merchan against the judge’s own “Frankenstein” creation and “Get it the hell out of this chain, the New York gulag,” Levin said.
Levin said Trump’s lawyers have nothing to lose by at least asking the Supreme Court to bypass lower courts and take up the case, especially since it involves violations of federal authority and jurisdiction. What’s more, there were violations of the Due Process Clause and Equal Protection Clause, Levin said, citing violations of Constitutional Amendments 5,6, 8 and 14:
“These are two left-wing thugs – one, a prosecutor elected, one a state judge – doing what they do to appeal to the Manhattan population. Screwing the country, 49 other states, the electorate.”
Left unchecked, the precedent could open the door for district attorneys and state judges across the country to run roughshod over the U.S. Constitution. “This is a federal constitutional matter that involves our electoral system, our constitutional system and federal rule of law,” Levin said.
The Supreme Court might decide it wasn’t interested in reviewing the case – but, if it did, it would still have to deal it, now that the “floodgates have been opened,” Levin said:
“If the Supreme Court said it wasn’t interested in this case, it would bear the brunt of what it decides in that respect, because this is not going away. This is not going away. The floodgates have been opened.”
“So, this is not a great day for Donald Trump,” Levin concluded:
“Donald Trump is an innocent man and what Merchan is doing here is trying to brand him with ‘convicted felon’ for the rest of his presidency.”