SCOTUS refuses to stay Trump's NY sentencing tomorrow 5-4.

My post from another thread.:

That is likely not the law. That concept is sourced from a 1915 SCOTUS opinion, Burdict v. U.S. The language appearing to make that requirement has recently been held to be dicta, language that is not part of the actual ruling itself and, therefore, not controlling on other courts.

That was holding in Lorance v. Commandant, a Tenth Circuit Court of Appeals case. Lieutenant Lorance was convicted of murder for ordering his platoon to open fire on 3 Afghans, killing two of them.

"For the reasons provided above, we hold that Lorance’s acceptance of the presidential pardon did not constitute a legal confession of guilt or a waiver of his habeas rights, nor did it leave the court without a live case or controversy. The Court reverses the district court’s dismissal of Lorance’s habeas petition and remands for further proceedings."

https://fingfx.thomsonreuters.com/gfx/legaldocs/mypmnoxykvr/pardon.pdf[/QUOTE]

 

Nope. You obviously didn't read the document the judge released earlier in the week. Just kind of shooting from the hip, there?