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HomeLocalNavigating Trump's Sentencing: The Appeal Process Unveiled

Navigating Trump’s Sentencing: The Appeal Process Unveiled

 

 

Donald Trump has been sentenced, but he’s already announced his intention to appeal. Here’s the process.


President-elect Donald Trump was handed a sentence in his New York criminal case last Friday, following his conviction for falsifying business records linked to a hush money payment to a porn star. However, this does not signify the conclusion of the proceedings.

 

The day after the jury delivered its verdict on May 30, Trump declared his intention to appeal. He reiterated this commitment on Thursday, informing reporters that he would pursue an appeal despite Judge Juan Merchan’s earlier indication that there would be no additional sentencing conditions placed on him.

“We’re going to appeal anyway  because, frankly, it’s a disgrace,” Trump stated.

On Thursday, Trump received an “unconditional discharge,” meaning he faces no prison time or probation. Nonetheless, his sentencing presents him with another opportunity to challenge his conviction.

 

Let’s explore the upcoming steps in the appeal process for the 45th and soon-to-be 47th U.S. president:

 

What are the next steps in Trump’s appeal?

Trump will need to submit a “notice of appeal” within 30 days following his sentencing to contest his criminal conviction within the New York state court system. This notice will enable a New York intermediate appeals court to review the case.

Once the intermediate court takes over, it may take several months or longer before a decision is made regarding Trump’s arguments for overturning his conviction. During this time, the court will analyze briefs submitted by both Trump’s legal team and the Manhattan prosecution. The court might also arrange for oral arguments, allowing judges to question and explore the positions from both sides.

 

Additionally, Trump might pursue a unique approach for his appeal after sentencing. Prior to sentencing, he attempted several times, unsuccessfully, to have his constitutional challenges to the New York case addressed by a federal court.

What arguments might Trump present in his appeal?

The U.S. Supreme Court provided Trump with critical support for his appeal on July 1 with a ruling regarding presidential immunity. Five justices determined that prosecutors cannot submit evidence of various official acts by a sitting president in a criminal case against a former president. Trump has since asserted that evidence presented during his trial was improper based on this ruling.

 

Furthermore, Trump has claimed that his entire criminal case should be dismissed due to his victory in the presidential elections. While this argument did not prevent his sentencing, he is still able to raise it in his appeal process.

Trump could also challenge his conviction by contending that Merchan improperly permitted testimony or evidence that extended beyond the charges against him. For example, references to Trump’s comments from the notorious “Access Hollywood” tape, where he said celebrities could “do anything,” including grabbing women’s private parts. In April, New York’s highest court overturned Harvey Weinstein’s rape conviction partly due to related testimony heard by the jury from women making allegations that were not part of the original charges.

 

Trump may also dispute Merchan’s instructions to the jury regarding the law.

For instance, Merchan stated that the jury needed to conclude that Trump was falsifying business records to conceal a conspiracy to illegally interfere with the 2016 election via various potential criminal methods, such as violating federal campaign finance laws related to the hush money to Stormy Daniels. However, he also mentioned that the jurors did not have to agree on a single method.

Trump could argue that Merchan should not have allowed jurors to consider a federal offense, specifically violating campaign finance laws, as part of the evidence for his state crime of falsifying records to hide unlawful election interference.