President Trump’s Appellate Rights – What is the timeline and what are his defense team’s strongest arguments.
President Donald Trump trial concluded with a conviction but he and his legal defense have already indicated their intent to appeal. This appeals process will likely extend beyond the November Presidential election in which he continues to lead in national polls. His campaign raised $52.8 million less than 24 hours following the verdict.
What is the timeline for the appeal process in President Trump’s case?
On appeal, Trump must prove that Justice Juan Merchan made significant errors in overseeing the trial. While the judge provided the defense until June 13 to file post trial motions in the case, which could include requests for the judge to re-examine some aspect of the case or verdict, these motions have a very low probability of success. The real fight will begin following sentencing which is scheduled for July 11th. While some have indicated that Trump could face jail time, most legal experts agree that it is unlikely based on sentencing guidelines.
The New York State Court System
Following sentencing, President Trump will have 30 days to file notice of his appeal. After a notice of appeal is filed, the case will go to the New York Appellate Division. Once the Appellate Division makes its decision, the New York Court of Appeal (the highest State Court in New York) can decide if it will hear the case. Given, the historic nature of this case, it is very likely that this Court will review the case.
This process through the New York State Court System will likely go beyond the November election. Even if Trump were to be reelected President, his Presidential pardon powers only extend to federal crimes, so he would be unable to overturn his conviction because the charges were brought at the state level. The New York Governor, however, could pardon Trump and despite political difference, deals are made every day between opposing parties.
Once this case makes it way through the New York Courts, the United States could hear the case if some element of the appeal relates to the Constitution or federal law. This remains underdetermined at this point but Prosecutors did allege that President Trump falsified records to interfere with the 2016 Presidential violating Federal campaign finance laws through an alleged hush money payment to Stormy Daniels;
What are President Trump’s Strongest Argument on Appeal
President Trump’s defense team will likely argue on appeal that Judge Juan Merchan had a conflict of interest because of his daughter’s work for a political consulting firm with Democratic clients, and that his gag order restricting Trump’s public statements violated his rights.
In addition, the team will argue that the Judge should have excluded the testimony of Stormy Daniels and that the venue itself was unfair given that Manhattan is heavily democratic (86.4% voted Democrat in 2016 election).
His lawyers will also argue that the charges themselves were improper
Falsifying business records on its own is a misdemeanor in New York, but it is elevated to a felony if done to further or conceal another crime.
This type of prosecutorial theory has not been tested on appeal.
Finally, the defense will target the jury instructions on appeal. To convict the former President, jurors had to conclude not only that he falsified records but that his purpose in falsifying them was to conceal another crime or commit another crime.
Prosecutors alleged that President Trump falsified records to interfere with the 2016 Presidential Election using the following “unlawful means”:
- Violating Federal campaign finance laws through an alleged hush money payment to Stormy Daniels;
- Falsifying bank records to Michael Cohen’s payment to Daniels’ attorney; and
- Violating New York tax laws.
The instructions, however, the Judge gave to the jury have raised substantial controversy in that the Judge instructed the jurors that they did not need to be unanimous in means used to falsify records.
President Trump’s conviction was historic but his appeal and possible reelection will continue to make history that will last past all of our lifetimes!
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