In a new podcast titled Straight Down the Middle, Yale Law Professor Jed Rubenfeld has proposed an alternative legal strategy for former President Donald Trump's defense team following his conviction on 34 felony counts of falsified business records. Rubenfeld discusses the potential impact of Manhattan District Attorney Alvin Bragg's case on the 2024 presidential election and explores avenues for appeal and potential irreparable harm.

The most obvious path for Trump's legal team is to pursue an appeal through the New York Appeals Court system with the ultimate goal of reaching the Supreme Court. However, Rubenfeld argues that this process could take years to complete and could potentially influence future elections due to the delayed resolution of the case.

Rubenfeld highlights survey data indicating that a substantial number of voters are still willing to support Trump in the upcoming presidential election, even if he is a convicted felon. He suggests that an unlawful conviction could interfere with the election and potentially decide its outcome, even if it is later reversed on appeal.

To combat the conviction, Rubenfeld proposes a federal lawsuit and requests an emergency temporary restraining order. This would halt Judge Juan Merchan from entering the judgment of guilt until federal courts have had the opportunity to review and rule on the constitutional arguments surrounding the case.

Rubenfeld voices concerns about the criminal targeting of former presidents and the potential dangers of pursuing unclear charges. He argues that it is crucial for a federal court to review the constitutionality of the prosecution and make a ruling before the election takes place, in order to avoid setting a dangerous precedent.

Trump's trial, which took place in Manhattan last week, resulted in a guilty verdict on all 34 counts of falsifying business records related to the Stormy Daniels hush money payment in the lead-up to the 2016 presidential election. He is scheduled to be sentenced on July 11, just days before the Republican National Convention.

The proposed alternative legal strategy outlined by Rubenfeld could provide an opportunity for federal courts, including the Supreme Court, to rule on the case before the election. This could potentially provide clarity and resolution to the prosecution, preventing any irreparable harm that may impact future elections.

It remains to be seen whether Trump's defense team will pursue this alternative strategy or continue with the traditional appeals process. As the legal battle unfolds, the case is likely to attract significant attention, both for its potential implications on Trump's political future and for the broader question of how legal challenges to high-profile figures are handled in the United States.