OPINION: This article may contain commentary which reflects the author's opinion.
A noted legal expert and constitutional law professor says he sees a good chance of Donald Trump’s hush money conviction being quickly and resoundingly overturned, even as the former president gets good news from a Friday ruling by the U.S. Supreme Court.
In an interview with Fox News earlier this month, Jonathan Turley renewed his criticism of the trial’s weak evidence and contrasting legal theories, as well as Judge Juan Merchan’s performance and Manhattan District Attorney Alvin Bragg’s decision to bring the 34 felony charges related to Trump’s payment to adult film star Stormy Daniels ahead of the 2016 election.
“I think the level of reversible error here really is quite considerable. It runs the waterfront of procedural to constitutional problems, including federal constitutional violations,” Turley began. “I don’t even see how you can meet the unanimity requirement in the way that this thing was instructed.”
“Yeah, they were unanimous that some crime was committed on the secondary crime, but it’s apparently between the jurors and God as to what that crime was unless there is going to be some release of a jury form. We have not seen that jury form,” he continued, referencing a document that could explain on what basis jurors found Trump guilty.
“I think that, in the end, we were going to have a reversal. I’m fairly confident of that. Now, in the New York appellate system, they have a rule for Trump. They are very good lawyers in the New York system and credible people who want the system to work the way it is designed,” Turley continued. “I am eternally an optimist. I was an optimist about a hung jury. And I’m an optimist now about the appellate judges.
“I think at some point, people will step forward and say enough. You know, hating this man is not enough to forget the lack of the evidence. And once again, I do not blame this jury. They were given instructions that made it very easy to convict. And some of them might not have seen a real option not to, given how low these standards seem,” he added.
WATCH:
Professor Jonathan Turley said on Fox News today that he believes that the Trump verdict will be overturned:
“I personally don’t see how this verdict can be sustained (upon appeal).”
. pic.twitter.com/7IqJAa9Hzz— Paul Villarreal (AKA Vince Manfeld) (@AureliusStoic1) June 3, 2024
Meanwhile, in a decision that could also help Trump, the nation’s highest court decided on Friday in favor of a former police officer who petitioned to have an obstruction charge against him dismissed for his participation in the Capitol riot on January 6, 2021.
Joseph Fischer, one of hundreds of defendants arrested following the incident who have been charged with impeding an official proceeding over the attempt to stop Congress from certifying President Joe Biden’s election victory, won the case by a vote of 6-3 by the court. Trump has been charged with the crime as well in a D.C. federal court, among others related to the riot.
The law, which was passed in 2002 as a part of the Sarbanes-Oxley Act in response to the Enron accounting disaster, the court found, was only meant to be applicable in certain situations involving the altering of physical evidence.
The court returned the case to a lower federal court to continue discussing whether the Justice Department may still prosecute Fischer in light of the revised legal understanding.
The relevant provision, 18 U.S. Code 1512, imposes a maximum 20-year jail sentence.
“To what extent the ruling favors Trump remains to be seen. Even if Fischer prevails in the case against Trump, prosecutors claimed that a stricter interpretation of the law would still apply to Trump’s actions. Fischer faces seven criminal charges, only one of which was the focus of the Supreme Court case. Even if the obstruction charge is ultimately dismissed, the other charges, including assaulting a police officer and entering a restricted building, will remain in place,” NBC News reported.
“The court, which has a 6-3 conservative majority, has in the past been skeptical of prosecutors when they assert broad applications of criminal provisions. In his election interference case, Trump faces four charges, including one count of obstructing an official proceeding and another of conspiracy to do so,” the outlet added.