Image Credit: @realDonaldTrump / TruthSocial & sos.tn.gov
The Tennessee Conservative [By Paula Gomes] –
The former President, Donald Trump, will be on the presidential ballot in Tennessee according to Secretary of State Tre Hargett. A spokesman for Hargett’s office, Doug Kufner, has verified that Trump is eligible to run for President despite having been recently convicted in a New York court.
Tennessee lawmaker Representative Vincent Dixie (D-Nashville-District 54) queried Attorney General Jonathan Skrmetti last week in a letter regarding Trump’s eligibility after receiving 34 felony convictions. However, the Attorney General does not preside over state elections. Those decisions fall to the Secretary of State.
In his letter, Dixie referred to Tennessee code that states, “A person who has been convicted in this state of an infamous crime, as defined by § 40-20-112, other than one specified in subsection (b), or convicted under the laws of the United States or another state of an offense that would constitute an infamous crime if committed in this state, shall be disqualified from qualifying for, seeking election to or holding a public office in this state, unless and until that person’s citizenship rights have been restored by a court of competent jurisdiction.”
Dixie has stated that the alleged crimes leading to Trump’s convictions do indeed meet the criteria outlined in this law.
The United States Constitution does not preclude anyone from running for or being elected to the office of president while being tried for or convicted of a crime.
In any case, Trump plans to appeal. Trump’s attorney, Will Scharf, has said that they will take the case all the way to the U.S. Supreme Court if necessary.
Within 30 days of sentencing – scheduled for July 11th – will come Trump’s first opportunity to challenge the verdict. At that point, he can turn to New York’s First Judicial Department appellate court to review the jury’s findings. This court has such broad discretion that it has been called “the 13th juror.” The power that this appellate division has allows judges to make decisions based on the facts of the case and not only the law.
This appeal is expected to focus, among other things, on the legal theory that enabled 34 misdemeanors to be transformed into felonies.
During the trial, the jury found Trump guilty of falsifying business records – technically a misdemeanor in the state of New York – allegedly with the intent to interfere with the 2016 election. Because the misdemeanors for which Trump was accused had passed the expiration date for statute of limitations, the charges had to be elevated to the level of a felony by a second crime.
Jurors had to agree that Trump used “unlawful means” in order to prove that there had been an underlying crime but they did not have to agree on which of the 3 different theories offered by the prosecution violated state election law.
Trump may also appeal on the grounds that his expert witness – a former head of the Federal Election Commission – was prevented from testifying by the judge.
Additionally, Trump’s lawyers raised a handful of issues repeatedly throughout and also prior to the trial upon which an appeal may be based. One of these issues included whether the judge ought to have recused himself. Trump’s legal team made many requests for Merchan to step aside as his adult daughter works for a consulting firm with Democratic clients. Trump’s lawyers have also said that he couldn’t get a fair trial in Manhattan due to heavy Democratic influence and overwhelming publicity at that venue.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
2 Responses
Rep Dixie played up to his Democrat Elites.
Sad!
So glad the greatest President in my lifetime apart from Ronald Reagan, will be on my home state’s ballot this fall and Tennesseans can vote for Donald J Trump. PRAISE JEHOVAH GOD ALMIGHTY!!