Yale Law Professor Jed Rubenfeld discussed legal options for former President Donald Trump’s defense team following a New York jury finding him guilty of 34 felony counts. Rubenfeld suggested appealing the conviction through the New York Appeals Court system, but acknowledged that the process could take years and potentially impact the 2024 presidential election. He proposed another avenue for Trump’s attorneys to pursue by suing in federal court and seeking a temporary restraining order to halt the judgment of guilt until constitutional arguments are reviewed.
Rubenfeld expressed concerns over targeting former presidents for unclear crimes, especially when initiated by members of the opposing political party. He criticized the lack of transparency in the case against Trump and emphasized the importance of ensuring the constitutionality of the prosecution. Rubenfeld argued that it is crucial for a federal court to review the case before the election takes place to prevent irreparable harm and establish clarity on the charges brought against Trump.
The professor highlighted the significance of seeking a ruling from the federal courts, potentially even the Supreme Court, to address the constitutional concerns surrounding Trump’s case. Rubenfeld underscored the urgency of taking action before the 2024 presidential election to avoid causing irreparable harm or influencing the outcome of the election. He emphasized the need for clarity and transparency in legal proceedings, especially when involving high-profile individuals like former presidents.
Trump was found guilty on all 34 counts of falsified business records related to the hush money payment to Stormy Daniels, leading up to the 2016 presidential election. He is set to be sentenced on July 11, just days before the Republican National Convention is scheduled to take place. Rubenfeld’s podcast, Straight Down the Middle, delved into the legal implications and potential strategies for Trump’s defense team following the jury’s verdict and the upcoming sentencing.
Rubenfeld speculated on the impact of a reversed conviction down the road and the potential consequences of unlawfully interfering with the presidential election through unconstitutional means. He highlighted the need for a federal court to review the case before the election to avoid setting a dangerous precedent involving unclear charges and political motivations. The podcast explored various legal avenues for Trump’s defense team to pursue in challenging the conviction and seeking clarity on the constitutional arguments surrounding the case.
