Many Americans, even those who aren’t fans of the former president, believe that Donald Trump did not get fair treatment in his recent Manhattan court case in which he was convicted of 34 felonies, and now one aspiring politician has proposed a solution for helping him get justice.
James Judge, who is running for a seat in the U.S. House of Representatives for Florida’s 15th district and is a Coast Guard veteran, made headlines when he shared his idea during the recent Hillsborough Republican Lincoln Day Dinner.
“I will introduce legislation on President Trump’s first day in office to suspend the writ of habeas corpus; this will give President Trump the authority to arrest and imprison treasonous officials and subversives that occupy positions about our government,” he said, acknowledging that it might sound extreme but emphasizing that he is serious about it.
Multiple experts have suggested that Trump’s team might try a strategy involving a writ of habeas corpus, which can be used to bring prisoners and other detainees before a court to determine if their detention is lawful, although most of the approaches involve Trump using the legal remedy in a different way.
For example, John Eastman, who has been indicted in two states for alleged election interference, said in an interview: "I urge Trump's legal team to file a writ of habeas corpus with the U.S Supreme Court. It's a rare move, but I think it needs to be done before people start seeking remedies on their own."
For him, it’s about avoiding an uprising following a trial that he said was “full of contradictions and violations of due process.”
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Syracuse University law professor Greg Germain told Newsweek that he foresees habeas corpus and other types of challenges should Trump be handed jail time in his sentencing on July 11.
"If the judge sentences Trump to immediate prison, it would be World War III in the judicial system. I would expect Trump to file emergency appeals with the appellate division requesting a stay pending appeal, a habeas corpus action in federal court and legislative demands for Supreme Court intervention. I think the appellate division would quickly grant a stay pending appeal.”
However, he thinks it’s unlikely Trump will face any time behind bars.
The trial had many questionable aspects, such as the judge refusing to recuse himself from the case despite his family benefiting financially from his daughter’s work for Biden and other Democrats. A gag order has prevented Trump from speaking about it; requests by his team to lift it after his recent verdict were denied in a decision that law professor and defense attorney Jonathan Turley said was “untethered from any compelling rationale, particularly in light of the election.”
Poll shows Trump and Biden in dead heat despite conviction
Although Democrats are doing their best to use the legal system against Trump to tarnish his image, voter sentiment has not shifted much since his conviction.
An NPR/PBS News/Marist Poll survey that came out this week showed that if the elections were held today, 49% of national registered voters would vote for Biden and 49% would vote for Trump.
This actually marks a slight uptick for Trump and a decline for Biden; when the same poll was conducted in May, 50% of voters said they would vote for Biden while 48% would vote for Trump.
When it comes to some of America’s most pressing challenges, Trump beats Biden handily, with voters saying he was better equipped to deal with the economy (54% for Trump vs. 45% for Biden) and immigration (54% to 44%).
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