Donald Trump Isn't A Convicted Felon Just Yet And Can Still Pursue These Options To Fight Damning Verdict, Says Yale Law Professor

Bibhu Pattnaik

June 09, 2024

A Yale Law professor suggested an alternative strategy for former President Donald Trump‘s legal team following his recent guilty verdict.

What Happened: In a new podcast, Professor Jed Rubenfeld discussed the former president’s legal options after a New York jury found him guilty of 34 felony counts of falsifying business records.

Rubenfeld emphasized that Trump is not yet a convicted felon because the judge has not entered a judgment of guilt. He explained that in New York, this judgment is expected to be entered on July 11, the same day as Trump’s sentencing.

Rubenfeld suggested that Trump’s legal team could appeal through the New York Appeals Court system and potentially reach the Supreme Court. He warned that this process could take years and cause “irreparable harm” to the 2024 presidential election.

He also suggested another legal avenue: suing in federal court for an emergency temporary restraining order to halt the judgment until federal courts review the constitutional arguments.

Also Read: Following Trump’s Guilty Verdict, Legal Experts Say He Could Face This Punishment Instead Of Prison Time

Rubenfeld expressed concerns about the implications of criminally targeting a former president, especially when the charges are unclear and the prosecutors and judge are from the opposing political party.

Why It Matters: The legal strategies proposed by Rubenfeld come at a critical time for Trump, who is facing sentencing on July 11. Former New York City judges, who were once colleagues of Judge Juan Merchan, have weighed in on potential sentencing outcomes, with varied predictions on jail time and probation. These judges, known to be tougher than Merchan, believe a prison sentence is unlikely.

In a recent interview with “Fox & Friends Weekend,” Trump discussed his sentiments about potentially facing house arrest or jail time following his conviction. “I’m OK with it,” Trump said. “I'm not sure the public would stand for it. I think it would be tough for the public to take. At a certain point, there's a breaking point.”

Trump was found guilty on all 34 counts of falsifying business records in New York, making him the first former U.S. president to be convicted as a felon. The charges pertained mainly to reimbursements made to his former lawyer, Michael Cohen, related to payments to adult film star Stormy Daniels.

Now Read: Trump Vs. Biden: Young Voters Are Leaning Toward One Candidate More Than Other, Citing Concerns Over Israel-Hamas War And More

This content was partially produced with the help of Benzinga Neuro and was reviewed and published by Benzinga editors.

Photo: Shutterstock

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