Attorneys for former President Donald Trump are scheduled to appear in a Manhattan courtroom on Thursday to argue for the reversal of his conviction on 34 felony counts related to a hush money payment.
Trump's legal team at Sullivan & Cromwell contends that the case, brought by a Democratic district attorney during a presidential election year, constitutes "the most politically charged prosecution in our Nation's history." They argue the charges should be overturned due to their "unprecedented political context."
The appeal seeks to spare Trump the distinction of being the first U.S. president convicted of a crime. The oral arguments will address a key element of Trump's 2024 presidential campaign, during which he was largely occupied by the trial.
Prosecutors alleged a scheme to conceal a $130,000 hush money payment made by Trump to his former lawyer, who then paid adult film actress Stormy Daniels before the 2016 election. In the spring, a jury convicted Trump on 34 counts of falsifying business records in the first degree, corresponding to the payments made to reimburse his lawyer. Prosecutors asserted these records were falsified to hide the true purpose of the payments.
Following his 2024 presidential election victory, Trump received an unconditional discharge, attributed to the circumstances of his imminent inauguration. His lead defense attorney from the trial, Todd Blanche, was subsequently appointed Attorney General of the United States.
Trump has characterized the prosecution as a "political witch hunt" aimed at damaging his reputation and influencing the election, stating, "obviously that didn't work."
Trump's lawyers have raised several points in their appeal, including claims that the judge should have recused himself and that parts of the trial should have been covered by presidential immunity. They also allege prosecutorial abuse of New York law to target Trump, arguing that the DA "concocted a purported felony by stacking time-barred misdemeanors under a convoluted legal theory."
Conversely, lawyers for the Manhattan District Attorney's office argue that Trump was convicted of a crime that is regularly prosecuted in New York. They maintain that presidential immunity does not apply to the alleged conduct, asserting that the charges arose from "unofficial, nonpresidential conduct." The DA's office contends that evidence presented at trial, unaffected by claims of official presidential immunity, "overwhelmingly established defendant's guilt."