Fort Fun Indiana
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- Mar 10, 2017
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He is not.likely on prevail on appeal, for the same reason his legal arguments failed the first time.I did not say the case was closed. I said the persecution was already done.
The petition to the SCOTUS was to delay sentencing until the Interlocutory appeal could be heard. That is all it was.
Due Process.
No, he filed a motion to vacate based on immunity, and that motion was denied. That denial is subject to interlocutory appeal, and the appeal had not been heard.
What he filed with the SCOTUS was a petition to stay sentencing until the appeal could be heard.
"APPLICATION FOR A STAY OF CRIMINAL PROCEEDINGS IN THE SUPREME COURT OF NEW YORK COUNTY, NEW YORK, PENDING THE RESOLUTION OF PRESIDENT TRUMP’S INTERLOCUTORY APPEAL ON PRESIDENTIAL IMMUNITY"
It says no such thing.
"The application for stay presented to Justice Sotomayor and by her referred to the Court is denied for, inter alia, the following reasons.
First, the alleged evidentiary violations at President-Elect Trump’s state-court trial can be addressed in the ordinary course on appeal.
Second, the burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of “unconditional discharge” after a brief virtual hearing.
Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application."
Yes, he is likely to prevail on appeal, but that does not undo the fact that an appeal (that he has a right to) was denied him.