Jed Rubenfeld, a renowned constitutional law scholar at Yale University, has raised significant concerns regarding the felony conviction of former President Donald Trump in the "hush money" case. Here are the key points from Rubenfeld's analysis:

Constitutional Issues

Rubenfeld argues that Trump's conviction may violate his constitutional rights, and the case could face challenges on constitutional grounds. He highlights the following potential issues:
  1. Trump is not yet a convicted felon, as a judgment of guilt has not been formally entered by the judge. This is expected to happen during sentencing on July 11.[1][3]
  2. Trump's legal team could petition for an emergency temporary restraining order from federal courts to halt Judge Merchan from entering the judgment of guilt until the constitutional arguments are reviewed and ruled upon.[1]
  3. There are concerns about the vagueness and novelty of the charges, with Rubenfeld stating, "You better not be pursuing some novel legal theory where you have to hide the ball [and] it's not even clear what the charges are."[3]
  4. Rubenfeld questions the constitutionality of criminally targeting a former president, especially when the prosecutors and judge belong to the opposing political party, calling it "an especially bad look."[3]

Potential Impact on Elections

Rubenfeld highlights the potential impact of Trump's conviction on the upcoming presidential election, arguing that an unlawful conviction could interfere with and potentially decide the outcome.[3] He cites surveys indicating a surge in Trump's popularity since the guilty verdict.

Next Steps

Rubenfeld suggests that Trump's legal team could file an action in federal court to halt the entry of the judgment of guilt until the federal courts can review the constitutional arguments.[1][3] However, if this fails, he warns of the potential for "irreparable harm."[1][3]
In summary, Jed Rubenfeld, a respected constitutional law expert, has raised significant concerns about the constitutional implications of Trump's conviction and its potential impact on the upcoming presidential election, urging a thorough review of the legal issues involved.[1][2][3][4][5]
Sources [1] Supreme Court May Prevent “Irreparable Harm” To Trump, Says ... https://public.substack.com/p/supreme-court-may-prevent-irreparable [2] Trump Guilty Verdict: “There are some serious constitutional ... https://legalinsurrection.com/2024/06/trump-guilty-verdict-there-are-some-serious-constitutional-problems-with-this-case/ [3] Trump not a convicted felon yet, Yale Law professor trashes hush ... https://www.hindustantimes.com/world-news/us-news/trump-not-a-convicted-felon-yet-yale-law-professor-trashes-hush-money-trial-verdict-crime-is-so-unclear-101717926723371.html [4] kurt lash on X: "Outstanding analysis by Yale Law's Jed Rubenfeld ... https://twitter.com/kurtlash1/status/1798015730736324889 [5] Neven Sesardić on X: "Jed Rubenfeld, a Yale Law School professor ... https://twitter.com/NSesardic/status/1798326843596296599
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I have very little respect for most people's political views, but to Americans' credit, they can tell this is Banana Republic shit and they want no part of it.
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