Trump conviction appeal: When will it happen; how does it work?
Trump convicted of all counts Former US President and Republican presidential candidate Donald Trump walks to speak to the press after he was convicted in his criminal trial at Manhattan Criminal Court in New York City, on May 30, 2024. A New York jury convicted Donald Trump on all charges in his hush money case on May 30, 2024 in a seismic development barely five months ahead of the election where he seeks to recapture the White House. (Photo by JUSTIN LANE / POOL / AFP) (Photo by JUSTIN LANE/POOL/AFP via Getty Images) (JUSTIN LANE/POOL/AFP via Getty Images)
ByDebbie Lord, Cox Media Group National Content Desk
Hours after former President Donald Trump was found guilty on 34 charges of falsifying business records, his attorney said Trump intended to appeal the jury’s verdicts.
Todd Blanche told CNN that the appeal of the convictions would be filed “as soon as we can.”
“As soon as we can appeal, we will,” Blanche said, noting that the defense first had court issues to resolve with Judge Juan Merchan.
The attorneys cannot file an appeal before the July 11 sentencing.
Trump was convicted on criminal charges stemming from a $130,000 hush money payment his ex-attorney Michael Cohen made to adult film star Stormy Daniels. Cohen paid Daniels just before the 2016 election to cover up allegations of an affair with Trump, something Trump denies happened. Trump then reimbursed Cohen through a series of checks paid throughout 2017, after he was elected president. Prosecutors alleged those checks were falsely labeled as being for legal services.
Trump’s defense said the checks were properly labeled because Cohen was serving as Trump’s attorney at the time.
Was the conviction a surprise, and was an appeal on the table all along?
Blanche said that Trump’s defense team was “prepared for a conviction” and they would “vigorously fight” it by filing motions before Merchan within a couple of weeks.
Reasons for appealing a verdict vary by case. According to some legal scholars, there are a few issues Trump’s attorneys could include in an appeal.
According to Blanche, while the jury worked hard to be attentive and deliberate thoughtfully, it was “very hard for us to get a fair trial” because all the jury members “knew Donald Trump.”
“Every single person on the jury knew Donald Trump as president, either as president, as candidate, from ‘The Apprentice,’ so I don’t accept that this was a fair place to try President Trump,” Blanche said.
“Our system of justice isn’t supposed to be a system where every person that walks in the courtroom knows about the case.”
Blanche went on to say that he believed the testimony of Stormy Daniels was allowed to go on too long and included lurid, irrelevant details.
He said he also felt the jury “looked past what we thought were fatal flaws” in former Trump fixer Michael Cohen’s testimony.
CNN legal analyst Elie Honig, a former federal and state prosecutor and a Rutgers University scholar, said Friday that he believes the strongest issue for an appeal by Trump would be that a state prosecutor filed charges against Trump on a federal election issue.
“That’s the first time that has happened,” Honig said.
According to Blanche, the appeal will be filed after the July 11 sentencing. Motions concerning the case will be filed within a couple of weeks.
What happens then?
Trump will have 30 days after he’s sentenced on July 11 to file a notice of appeal—meaning he plans to appeal —and then six months to file a full appeal of how the case was handled in court. A person does not appeal a verdict, but how the verdict may have been reached concerning how things were handled in court.
The appeals process will take time and might not be fully underway by the November election.
He’ll appeal the verdict first to an intermediate appellate court, the First Judicial Department of New York’s Appellate Division. If the appeal is unsuccessful there, he can then ask New York’s highest court, the Court of Appeals, to take up the case.
Should he not win there, he could appeal to the U.S. Supreme Court, though the highest court in the land does not have to hear the case if it chooses not to.
That process could take months or even years to conclude.
So, will he be sentenced in July, can he go to prison?
He is scheduled for sentencing on July 11 and could be sent to prison.
While it is Judge Merchan’s decision, Trump will likely be allowed to remain free on bail -- with restrictions -- pending his appeal.
Both Trump’s attorneys and prosecutors are expected to submit requests to the court of what they believe Trump’s sentence should be, and Trump will have to attend a pre-sentencing interview at the court’s probation office. The probation department will also make recommendations about sentencing.
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Trump convicted of all counts Former US President and Republican presidential candidate Donald Trump arrives to speak to the press after he was convicted in his criminal trial at Manhattan Criminal Court in New York City, on May 30, 2024. A panel of 12 New Yorkers were unanimous in their determination that Donald Trump is guilty as charged -- but for the impact on his election prospects, the jury is still out. The Republican billionaire was convicted of all 34 charges in New York on May 30, 2024, and now finds himself bidding for a second presidential term unsure if he'll be spending 2025 in the Oval Office, on probation or in jail. (Photo by Seth Wenig / POOL / AFP) (Photo by SETH WENIG/POOL/AFP via Getty Images) (SETH WENIG/POOL/AFP via Getty Images)
Trump convicted of all counts Former US President and Republican presidential candidate Donald Trump walks to speak to the press after he was convicted in his criminal trial at Manhattan Criminal Court in New York City, on May 30, 2024. A New York jury convicted Donald Trump on all charges in his hush money case on May 30, 2024 in a seismic development barely five months ahead of the election where he seeks to recapture the White House. (Photo by JUSTIN LANE / POOL / AFP) (Photo by JUSTIN LANE/POOL/AFP via Getty Images) (JUSTIN LANE/POOL/AFP via Getty Images)
Trump guilty on all counts A member of the media holds a phone displaying a news broadcast after the verdict was read at Manhattan criminal court in New York, US, on Thursday, May 30, 2024. A New York jury found Donald Trump guilty of multiple felonies at his hush-money trial, making him the first former US president to be convicted of crimes. Photographer: Michael M. Santiago/Getty Images/Bloomberg via Getty Images (Bloomberg/Bloomberg via Getty Images)
Trump guilty on all counts Former US President and Republican presidential candidate Donald Trump leaves Manhattan Criminal Court in his motorcade after he was convicted in his criminal trial in New York City, on May 30, 2024. A panel of 12 New Yorkers were unanimous in their determination that Donald Trump is guilty as charged -- but for the impact on his election prospects, the jury is still out. The Republican billionaire was convicted of all 34 charges in New York on May 30, 2024, and now finds himself bidding for a second presidential term unsure if he'll be spending 2025 in the Oval Office, on probation or in jail. (Photo by CHARLY TRIBALLEAU / AFP) (Photo by CHARLY TRIBALLEAU/AFP via Getty Images) (CHARLY TRIBALLEAU/AFP via Getty Images)
Trump guilty on all counts People react after former US President and Republican presidential candidate Donald Trump was convicted in his criminal trial outside of Manhattan Criminal Court in New York City, on May 30, 2024. A panel of 12 New Yorkers were unanimous in their determination that Donald Trump is guilty as charged -- but for the impact on his election prospects, the jury is still out. The Republican billionaire was convicted of all 34 charges in New York on May 30, 2024, and now finds himself bidding for a second presidential term unsure if he'll be spending 2025 in the Oval Office, on probation or in jail. (Photo by CHARLY TRIBALLEAU / AFP) (Photo by CHARLY TRIBALLEAU/AFP via Getty Images) (CHARLY TRIBALLEAU/AFP via Getty Images)
Trump convicted of all counts Pro-Trump and anti-Trump protesters clash outside the Manhattan Criminal Court Thursday, May 30, 2024, in New York City. (Barry Williams/New York Daily News/Tribune News Service via Getty Images) (New York Daily News/TNS)
Trump convicted of all counts Trump supporters react as a verdict was reached in the criminal trial of former US President and Republican presidential candidate Donald Trump, in Collect Pond Park across the street from Manhattan Criminal Court on May 30, 2024 in New York City. Jurors return May 30, 2024 to a second day of deliberations in Donald Trump's criminal trial, leaving the Republican presidential candidate and the country waiting for a decision that could upend November's election. (Photo by Kena Betancur / AFP) (Photo by KENA BETANCUR/AFP via Getty Images) (KENA BETANCUR/AFP via Getty Images)
Trump convicted of all counts People react after former US President and Republican presidential candidate Donald Trump was convicted in his criminal trial outside of Manhattan Criminal Court in New York City, on May 30, 2024. A New York jury convicted Donald Trump on all charges in his hush money case on May 30, 2024 in a seismic development barely five months ahead of the election where he seeks to recapture the White House. (Photo by Kena Betancur / AFP) (Photo by KENA BETANCUR/AFP via Getty Images) (KENA BETANCUR/AFP via Getty Images)
Trump convicted of all counts Trump supporters react as a verdict was reached in the criminal trial of former US President and Republican presidential candidate Donald Trump, in Collect Pond Park across the street from Manhattan Criminal Court on May 30, 2024 in New York City. Jurors return May 30, 2024 to a second day of deliberations in Donald Trump's criminal trial, leaving the Republican presidential candidate and the country waiting for a decision that could upend November's election. (Photo by Kena Betancur / AFP) (Photo by KENA BETANCUR/AFP via Getty Images) (KENA BETANCUR/AFP via Getty Images)
Trump convicted of all counts People react after former US President and Republican presidential candidate Donald Trump was convicted in his criminal trial outside of Manhattan Criminal Court in New York City, on May 30, 2024. A New York jury convicted Donald Trump on all charges in his hush money case on May 30, 2024 in a seismic development barely five months ahead of the election where he seeks to recapture the White House. (Photo by Kena Betancur / AFP) (Photo by KENA BETANCUR/AFP via Getty Images) (KENA BETANCUR/AFP via Getty Images)
Trump convicted of all counts A Trump supporter reacts as a verdict was announced in the criminal trial of former US President and Republican presidential candidate Donald Trump, in Collect Pond Park across the street from Manhattan Criminal Court on May 30, 2024 in New York City. The jury in Donald Trump's hush money trial announced Thursday in a note to the court that it has reached a verdict, indicating that this would be delivered in less than an hour. (Photo by Kena Betancur / AFP) (Photo by KENA BETANCUR/AFP via Getty Images) (KENA BETANCUR/AFP via Getty Images)
Trump convicted of all counts People react after former US President and Republican presidential candidate Donald Trump was convicted in his criminal trial outside of Manhattan Criminal Court in New York City, on May 30, 2024. A New York jury convicted Donald Trump on all charges in his hush money case on May 30, 2024 in a seismic development barely five months ahead of the election where he seeks to recapture the White House. (Photo by Kena Betancur / AFP) (Photo by KENA BETANCUR/AFP via Getty Images) (KENA BETANCUR/AFP via Getty Images)
Trump convicted of all counts Trump supporters react as a verdict was reached in the criminal trial of former US President and Republican presidential candidate Donald Trump, in Collect Pond Park across the street from Manhattan Criminal Court on May 30, 2024 in New York City. Jurors return May 30, 2024 to a second day of deliberations in Donald Trump's criminal trial, leaving the Republican presidential candidate and the country waiting for a decision that could upend November's election. (Photo by Kena Betancur / AFP) (Photo by KENA BETANCUR/AFP via Getty Images) (KENA BETANCUR/AFP via Getty Images)
Trump convicted of all counts Former US President and Republican presidential candidate Donald Trump returns to the courtroom during his criminal trial at Manhattan Criminal Court in New York City, on May 30, 2024. Jurors return May 30, 2024 to a second day of deliberations in Donald Trump's criminal trial, leaving the Republican presidential candidate and the country waiting for a decision that could upend November's election. (Photo by JUSTIN LANE / POOL / AFP) (Photo by JUSTIN LANE/POOL/AFP via Getty Images) (JUSTIN LANE/POOL/AFP via Getty Images)
Trump convicted of all counts Former US President and Republican presidential candidate Donald Trump speaks to the media during his criminal trial at Manhattan Criminal Court in New York City, on May 30, 2024. The jury in Donald Trump's hush money trial announced May 30, 2024 in a note to the court that it has reached a verdict, indicating that this would be delivered in less than an hour. (Photo by Michael M. Santiago / POOL / AFP) (Photo by MICHAEL M. SANTIAGO/POOL/AFP via Getty Images) (MICHAEL M. SANTIAGO/POOL/AFP via Getty Images)