The 47th President of the United States, Trump, is currently challenging his 34 convictions surrounding the alleged manipulation of business records in a prominent case of illicit payments involving adult film actress Stormy Daniels. The successes of this appeal could undo the guilty verdicts, which mark him as the first convicted felon to have held the presidency in American history. Trump has formally demonstrated his plans to contest these verdicts, a result of a tumultuous state criminal trial led by Judge Juan Merchan in New York, whom Trump has publicly criticized for prejudice and conflict of interest.
The appeal process is set to be in full swing once Trump presents his brief, arguing the reasons for which his convictions should be overturned. He managed to obtain a two-month extension to submit this important document. Alvin Bragg, Manhattan District Attorney, approved this extension. The initial deadline, July 29th, was thus extended, and arguments are now due on September 29th.
The appeal will be considered by the appellate division of the New York Supreme Court, specifically the first department, which serves as the Empire State’s intermediate level appellate court. Upon the culmination of the trial, Judge Merchan adjudged Trump to an unconditional release which implies that beyond his status as a convicted felon, the 47th president will face no further punitive measures.
In the days leading up to his inauguration, Trump made a futile attempt to halt the sentencing, but his request was dismissed by the Supreme Court. Using compelling arguments, Bragg was able to convince a Manhattan jury that Trump tampered with business documents related to payments made to Daniels whose actual name is Stephanie Clifford. The responsibility of making these payments fell to Trump’s former lawyer, Michael Cohen, who as a result of investigations into Trump’s affairs, was found guilty of criminal offenses and served prison time. Cohen gave a damning testimony against Trump at his trial.
In accordance with New York law, manipulating business files is considered a misdemeanor. However, Bragg managed to apply the law in a manner that elevated the misdemeanors to felony level charges: If the records were altered to assist a secondary crime, these actions could be classified as felonies.
Judge Merchan, who had made small financial contributions to Democrats in 2020 including President Biden, decreed that the jury did not have to concur on the details of the secondary crime in order to declare Trump guilty, thereby easing the way to a felony conviction. Trump could potentially argue on appeal that the instructions given to the jury were faulty, a mistaken judgement by the presiding judge that could lead to a new trial.
Judge Merchan justified his decision by stating that because the ‘unlawful’ methods were not directly charged by Bragg, there was no need for a unanimous jury decision, typically required for a guilty verdict. Prior to the verdict, Trump had voiced his discontent regarding alleged bias from Judge Merchan, citing the left-leaning political activities of Merchan’s adult daughter, Loren.
Trump could potentially explore additional appeal routes, such as urging the appellate court to broaden the scope of the Supreme Court’s verdict in the case, Trump v. United States. The verdict posits that official presidential acts should generally be immune from prosecution, while unauthorized acts are not privy to this immunity.
In December, Judge Merchan determined that Trump could not claim exemption to discard his convictions, as the guilty verdict was founded on ‘private acts.’ Trump had refuted this verdict, stating that some of the evidence leveraged by Bragg stemmed from his official duties and that some of the checks written to Daniels had been signed in the Oval Office.
Upon review, the appellate court of New York may disagree with Judge Merchan’s interpretation that ‘If an error occurred concerning the introduction of disputed evidence, it was insignificant considering the overwhelming evidence of guilt.’ This assertion is critical in underscoring the severity of the case and the considerable evidence against Trump.
The post Trump Challenges 34 Convictions in High-Profile Appeal appeared first on Real News Now.
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