Donald Trump has officially appealed his hush money conviction, escalating the legal saga that has marked his post-presidency and thrust him into unprecedented territory as the first former U.S. President convicted of a crime. This appeal seeks to overturn the verdict that found him guilty on 34 felony counts of falsifying business records, charges stemming from a controversial Donald Trump Hush Money payment made during his 2016 presidential campaign.
On Wednesday, Trump’s legal team filed a notice of appeal, initiating the process with New York’s mid-level appeals court. This move challenges his May conviction on charges related to the alleged scheme to conceal a hush money payment to adult film actress Stormy Daniels. The payment, prosecutors argued, was intended to silence Daniels about an alleged affair and influence the outcome of the 2016 election. This case was notably the only one of the multiple criminal indictments against Trump to proceed to trial, making its outcome particularly significant.
The appeal notice is the first step in what is expected to be a lengthy legal battle. Trump’s newly appointed legal team, led by Robert J. Giuffra Jr. from Sullivan & Cromwell LLP, will have the opportunity to submit detailed filings outlining the grounds for their appeal. The Manhattan District Attorney’s office, which successfully prosecuted the case, will then have the chance to respond and defend the conviction. The hiring of Sullivan & Cromwell LLP signals a significant bolstering of Trump’s defense for this appeal, especially as his previous lead lawyers, Todd Blanche and Emil Bove, have taken positions within his administration’s Justice Department.
Giuffra emphasized the high stakes of this appeal, stating, “President Donald J. Trump’s appeal is important for the rule of law, New York’s reputation as a global business, financial and legal center, as well as for the presidency and all public officials.” He further asserted that the case represented a “misuse of the criminal law” and expressed confidence that the conviction would be overturned on appeal.
Trump received an unconditional discharge at his sentencing on January 10th. While this spared him from jail time, probation, or fines, the conviction itself remains. He had long signaled his intention to appeal, but could only formally do so after sentencing. Throughout the trial and sentencing, Trump has maintained his innocence and decried the case as a politically motivated “witch hunt.” He has argued that the charges were a “weaponization of government” and an embarrassment to the state of New York.
The charges against Trump centered on the allegation that he falsified business records to conceal the true nature of payments made to his then-lawyer, Michael Cohen. Prosecutors successfully argued that these payments, labeled as legal fees, were actually reimbursements for the $130,000 hush money Cohen paid to Stormy Daniels. Daniels claimed to have had a sexual encounter with Trump in 2006, which he denies. The prosecution contended that the timing of the payment, just before the 2016 election, indicated an intent to influence the election by suppressing potentially damaging information.
Trump’s defense countered that the payments to Cohen were legitimate legal expenses and that his motivation was to protect his family from false allegations, not to influence the election. Judge Juan M. Merchan, who presided over the trial, previously rejected Trump’s attempts to dismiss the case based on presidential immunity or his return to the White House.
A key point in understanding the legal landscape is that a presidential pardon will not apply in this case. As the conviction occurred in state court in New York, presidential pardons are irrelevant as they only apply to federal crimes. Therefore, Trump’s legal fate regarding this donald trump hush money case rests solely with the state appeals process.
The appeal process will likely involve extensive legal filings and arguments, potentially leading to a hearing before the appeals court. The outcome of this appeal will be closely watched, not only for its legal implications but also for its potential impact on Donald Trump’s political future and the broader understanding of campaign finance and hush money in the political arena.