What’s next after Trump’s conviction in his “hush money” trial? How he might appeal the verdict

Washington – Former President Donald Trump Historic conviction on 34 criminal charges The falsification of business records ended the trial phase of the case stemming from a “hush money” payment made to adult film star Stormy Daniels in 2016. But it marks the beginning of a potentially long process appeals process this could take years to unfold.

A jury of 12 New Yorkers found Trump guilty of everything counts, delivering a historic verdict on Wednesday that marks the first time a former US president has been convicted of a crime. The jury deliberated for less than 10 hours after the six-week trial that included testimony from 22 witnesses and saw Trump detained for contempt of court for violating a gag order 10 times.

Judge Juan Merchan is expected to sentence the former president on July 11, four days before the start of the Republican National Convention, where Trump will receive the party’s nomination for president. Trump could could face up to four years in prison and a $5,000 fine for each of the 34 counts, but Merchan has wide discretion in imposing a sentence.

The former president and Todd Blanche, his main defense lawyer, promised to contest the conviction. Under State Lawthey have 30 days from the date of sentencing to file a written notice of appeal to the New York Supreme Court and six months to file the full appeal.

The appeals process

“We think an appeal has a lot of merit. We think we will win the appeal”, said Blanche. counted CBS News Chief Elections Officer and Campaign Correspondent Robert Costa on Friday.

The case brought by Manhattan District Attorney Alvin Bragg was filed in the New York Supreme Court, the trial court. The conviction may be appealed to the Appellate Division, First Judicial Department. After the Appellate Division’s decision, the losing party may then ask the Court of Appeals, New York’s highest court, to review the lower court’s adverse decision.

For the case to reach the U.S. Supreme Court, Trump and his lawyers would have to raise a federal issue during the appeals process.

“Ultimately, a defense attorney or defense team, after receiving a pretty devastating verdict, guilty on all counts, will take every possible approach to try to win an appeal,” said Jason Berland, who worked as a prosecutor in Manhattan District Attorney’s Office for eight years. “If you take the kitchen sink approach and throw out enough hooks, the court will have to hang its hat on a hook.”

Possible reasons for appeal

Blanche outlined some of the “key” issues they plan to raise on appeal in her interview with CBS News, including the statute of limitations on the charges; Manhattan as the location to try the case; the structure of the accusation; and whether Merchan should have recused himself. Merchan donated $35 to Democratic causes during the 2020 election cycle and his daughter worked for a Democratic consulting firm, but he rejected requests by Trump to remove himself from the case.

“This is an unprecedented case, no matter what anyone on both sides of the aisle says about it. This has never happened before in the history of our country,” said Blanche. “I don’t just mean bringing an accusation against the former president. I mean, the nature of these allegations, how long ago this conduct took place. .”

Prosecutors argued that Trump illegally falsified business records with the intent to conceal or commit another crime, which elevated the charges to serious felonies. They said another crime was a conspiracy to violate state election law, a new legal theory that had not been raised before. Prosecutors then pointed to three possible “illegal means” by which state election law was violated: tax law violations, falsification of other business records, or violations of a federal election law.

The jurors did not have to unanimously agree on the type of “illegal means.” They had to find that Trump caused the business records to be altered and that he did it to cover up or commit a separate crime.

“Can you use a state election law for a federal candidate and can you use a federal election law in a state case?” CBS News legal contributor Jessica Levinson said of the “live issues” for appeal.

White told CNN in a separate interview Thursday night that he could also increase publicity surrounding the witnesses and trial proceedings.

“Our justice system should not be a system where every person who walks into the courtroom knows the case,” Blanche said Thursday.

The jury included one member who said he received news from Truth Social, the Trump-owned platform, and X, formerly known as Twitter. Another juror said his media consumption includes Fox News.

Blanche also said she could challenge Daniels’ testimony on appeal. She provided graphic details when testifying about an alleged sexual encounter with Trump in 2006, which he denied. Blanche asked for a mistrial after Daniels testified, arguing that she went too far, but Merchan denied the request. The judge acknowledged that “there were some things that would probably be better left unsaid,” but said he was “surprised” that there were no more objections from the defense.

Berland, the former prosecutor, predicted that Trump’s team will dispute the timing of the trial, which took place just months before the presidential election. He also said they could look at whether certain evidence was improperly admitted or excluded and whether Merchan abused his discretion in certain decisions during the trial.

Caroline Polisi, a criminal defense attorney, told “CBS Mornings” that Trump’s legal team could raise questions on both the legal side and how the trial unfolded.

Regarding the structure of the case, she said there could be due process concerns in terms of a criminal defendant “being advised as to what exactly he or she is being accused of.” Although the indictment and statement of facts list the 34 charges and the business records associated with each, none of them specified the “unlawful means” by which state election law was violated.

Any hopes of a quick resolution – or before the November 5 elections – will likely be dashed as appeals move slowly through New York courts. Polisi highlighted the case against disgraced Hollywood producer Harvey Weinstein, whose conviction was overturned by New York’s highest court last month. This decision came four years after he was convicted of third-degree rape and first-degree criminal sexual act.

“It’s a long way,” she said. “The wheels of justice move slowly.”