Mark Levin’s Legal Advice for Trump Is Spot On

Following the guilty verdicts against Trump in the sham trial in New York City, radio host Mark Levin, who served as chief of staff to former U.S. Attorney General Edwin Meese, has sound legal advice for Trump: get the case out of New York and to the U.S. Supreme Court as soon as possible.


Trump will most certainly appeal his conviction, but an appeal within the New York court system likely won’t happen before the election. There’s always the possibility that Judge Juan Merchan, a Biden donor who basically was a puppet of the prosecution, may, in fact, sentence Trump to prison before the election.

“The issue is how to get out of the New York system and bring the case to the Supreme Court, which may or may not take it up,” explains Levin in a post on X. “That is why I look to Bush v Gore, where the [Supreme Court] decided to step in BECAUSE it was a presidential election. There was another court involved, the Florida Supreme Court. And it was that court that the Supreme Court believed was violating the Equal Protection Clause. That was the doctrine it settled on, given the unequal treatment of voters.”

Levin continued, “In New York, you would file the notice of appeal, ask for a stay of the trial court, and seek expedited review. You need to protect your ability to timely appeal and not abandon it. You might then file applications for common law writs with the US Supreme Court, where the [Supreme Court] can take action if it chooses, and legitimately claim the harm is immediate and ongoing not just to a presidential candidate, but to the federal electoral system, federal campaign jurisdiction (reverse federalism), and the precedent that might otherwise be set and spread throughout the country. The denial of due process infected every aspect of the case.”


The [Supreme Court] has common law powers (common law writs — judicially created not statutorily created) it uses very sparingly, in extraordinary circumstances, to grant relief. Waiting would compound the problem.  The problem now is that every day that goes by, the actions by the NY lower court bleeds into the federal, presidential election system.

Where does this end?  Will other DA’s use the Bragg-Merchan precedent, such as it is, going forward, and not care what higher state courts have to say, in that those courts may not act quickly or at all.  So, now local prosecutors and state judges will intervene in presidential elections or any federal election.

We need to give the Supreme Court the opportunity to intervene.  If it chooses not to, then it won’t.

But between Jack Smith criminalizing election challenges to the point that we do not know what is or is not legal, and now Bragg and Merchan criminalizing events and activities that are not illegal, to the point we don’t now know what they are, the Supreme Court, in my view, must do something.

Levin concludes that the Supreme Court will ultimately have to get involved at some point and it’s better to “deal with now than later, when it will get worse.”


He made the same points during an appearance on Sean Hannity’s show on Fox News:

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