Post #34993 by ptheland on the US Policy board

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He wouldn't be a party to any appeals.

You need to think like a dictator.

In my scenario, it's Trump that has been wronged by the state court not following his pardon. So Trump would file a suit in federal court claiming that NY has failed to follow his pardon. He becomes the litigant, not to defend Bannon, but to defend his claimed right to pardon whomever his wishes.

Should the courts toss out the case? Of course they should - and very well might. (A bit of venue shopping might help. Don't file in the SDNY for one.) But that still leads to appeals and eventually to the USSC.

--Peter

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