Thread by @ProfMJCleveland

THREADETTE: A few thoughts here. As I noted before, I thought Trump might try to leap-frog over some of NY higher courts and makes sense b/c of limited timing that he did so. To lawsplain why this can go to Supreme Court. 1/

https://twitter.com/zerohedge/status/1876998573516017849

2/ While this case is in state court system & Trump is seeking stay of his sentence on a state crime, his arguments for stay rest on federal law. U.S. Supreme Court is final arbiter of federal law.

3/ Trump has two separate immunity claims based on federal law. a) Presidential immunity based on Supreme Court's prior decision in Trump v. United States. Here's decision. supremecourt.gov/opinions/23pdf…

4/ In that case, Supreme Court discussed where outer line to presidential immunity for official acts was and also suggested/held (been a while--so not positive on which) government can't use evidence of official acts to prove other crime.

5/ Correction: Moving from THREADETTE to THREAD length. The Court in Trump v. United States in dicta also supports idea that stay is appropriate pending resolution on presidential immunity. So Trump's legal team will be highlight for SCOTUS that a) Bragg's indictment relied on

6/ evidence of Trump's official acts; and b) Prosecution used evidence of official acts to convict Trump and that therefore the conviction and indictment must both be tossed under Trump v. U.S. precedent. And that that precedent also requires stay.

7/ Trump's petition will further argue that presidential immunity applies during time of transition. Here, lower court judge asked for any precedent on that point & as Trump's lawyers noted, issue has never come up before.

8/ Trump's lawyers can stress here that without presidential immunity during transition, judge has power to sentence Trump to imprisonment during entire transition period. Now Merchan suggested he wouldn't but court develop legal principles to address worst-case hypotheticals.

9/ While I doubt Supreme Court wants to get involved, it really has no choice because Trump's team has made it the court of last resort by leap frogging other appellate courts in New York, and understandably so as it is Wednesday and sentencing is for Friday at 9 a.m.

10/ My gut is Supreme Court will stay sentencing. Here, I think several of justices will be disgusted by how little thought Merchan and appellate judge gave to Trump v. U.S. decision re presidential immunity. And a stay could be focused solely on that.

11/ However, an equally important is issue of presidential immunity during transition. I haven't read Trump's petition yet (it was not yet on SCOTUS webpage), but to illustrate need for such immunity, pointing out that without it, Mechan could sentence Trump to prison now.

12/ And if he was in prison through inauguration--how would that work? Prison can't just let him out...lawyers would need to seek habeas relief (release the person) which wouldn't happen instaneous. Only SCOTUS can decide if presidential immunity applies during transition.

13/ It can easily say that given importance of question, that it is an issue of first impression, that a stay is appropriate. Now watch for the Left to scream about Supreme Court intervening, but crazy NY liberals have forced their hand.

14/ On other hand, if Supreme Court doesn't grant stay--and here's why I think they will--it could create a standoff where Trump refuses to show up for the hearing (even the virtual one). And that would be even more devastating.

15/15 Democrats' lawfare to "get Trump" has ended up "getting America." I'll post more when I read petition.