Second Circuit Court of Repeals Rebukes and Reverses Lowly District Court Judge, Instructing the Judge to Consider Trump's Motion to Remove the Alvin Bragg "34 Felonies" Case to Federal Court

Yes, the rigged, illegal "conviction" that the left never stops gassing us about.

Trump had moved to remove the entire case to federal court. This motion was denied. The Supreme Court's subsequent opinion on presidential immunity suggested that Trump's original motion had more merit than it was credited for, so Trump refiled the motion, asking again to move the entire case out of Alvin Bragg's Soros-Sponsored Kangaroo Court to a federal court.

The lowly district court judge -- once again assigned completely randomly, I'm certain -- again blew off Trump's argument.

The Second Circuit Court of Appeals ordered the judge to reconsider and this time actually consider Trump's argument instead of automatically rejecting it like a corrupt hack.

Okay, they didn't say that. I see that in the Penumbras and Emanations, however.

I think that Trump now has a good basis to insist that only a federal court can hear this case, given the federal questions involved, so the state case should be removed to federal court.

The opinion reads:

We cannot be confident that in doing so [dismissing Trump's renewed motion as untimely (late)], the District Court adequately considered issues relevant to the good cause inquiry so as to enable meaningful appellate review.

Those issues include but are not limited to the impact of Trump v. United States on the removability of the underlying state prosecution. For example, the District Court did not consider whether certain evidence admitted during the state court trial relates to immunized official acts or, if so, whether evidentiary immunity transformed the State's case into one that relates to acts under color of the Presidency. Nor did the District Court consider whether any notice of removal of a criminal prosecution under sec. 1455(b)(1) must be filed before trial even if new grounds for removal arise during or after trial. We therefore VACATE the District Court's order denying Trump's motion for leave to file a second notice of removal and REMAND for reconsideration of the motion consistent with this opinion.

DO YOUR FUCKING JOB THIS TIME, FAGGOT.

Whoa, that last sentence seems extremely injudicious. I mean, just waaayyy over-of-line. Why not try constructive criticism? Use words that help, not words that hurt.

What does it mean if the case is removed to a federal court?

It could mean that the conviction just vanishes. It could mean the conviction never happened.

And then they can try this whole bullshit case again, and see how they do with a jury that isn't packed with Trump-deranged, Zohran-Mamdani-voting, George-Soros-selected jurors.

In related news, Republican Senators have written a letter to Chief Justice Cuck Roberts demanding that he actually enforce the canons of judicial ethics on his rogue partisan judges.

Specifically, they're complaining that judges violated the rules about respecting higher courts by anonymously complaining to New York Times "journalists" that the Supreme Court is a deranged authoritarian catspaw of Trump.

In interviews, federal judges called the Supreme Court's emergency orders "mystical," "overly blunt," "incredibly demoralizing and troubling" and "a slap in the face to the district courts." One judge compared their district's current relationship with the Supreme Court to "a war zone." Another said the courts were in the midst of a "judicial crisis." The Times explained that "the judges responded to the questionnaire and spoke in interviews on the condition of anonymity so they could share their views candidly, as lower court judges are governed by a complex set of rules that include limitations on their public statements." The Times went on to characterize these responses and interviews as "overwhelmingly critical of the Supreme Court" and reflective of "extraordinary tensions within the judiciary."

Why do leftwing judges hate the emergency docket? (A docket of cases granted speedy review?)

Well, because it stops their unhinged partisan decisions from standing as the law of the land for more than a year until they're overturned.

RedState's streiff:

Without the SCOTUS emergency docket, lower court decisions could remain in effect for years before getting to the Supreme Court.

For instance, it took the Supreme Court 15 months to hear the "Muslim Travel Ban" case during Trump's first term; see The Trump Travel Ban Probably Survived the Supreme Court -- RedState. It took them an additional two months to finally announce the decision. SCOTUS ruled in Trump's favor, but a frivolous lawsuit had delayed his policy by nearly a year and a half.

Correction: I initially asserted, WITHOUT EVIDENCE, that the 2nd Circuit (a Northeastern circuit including NY and Connecticut and Vermont) was "another left-leaning court."

Elric the Blade says that my information is out of date:

Ace, the second circuit is about 50-50 now, with maybe one extra Dumocrap appointment. Trump added 5 or 6 judges to the 2d Circuit in his first term. It was then fairly conservative, but then Biden added a bunch DEI retards. So now it's close to 50-50. Of course depends on which panel you get. You could get three raving Biden lunatics.

It's the district courts in the 2d circuit that are dominated by leftist retards.

Thanks for the update. (District courts are federal trial courts, the Circuit Courts of Appeal are just appeal courts where judges review rulings from the trial courts, and of course the Supreme Court is the court of final appeal.)

posted by Ace at 02:20 PM

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