A New York appeals court is set to hear arguments on Thursday in Donald Trump’s appeal of his 34 felony convictions for falsifying business records, a case that marked the first time a former U.S. president was criminally convicted. The convictions stem from a $130,000 payment made to adult film performer Stormy Daniels before the 2016 election to conceal the transaction’s true purpose.
Thursday’s hearing will focus on legal disputes over presidential immunity, the sufficiency of evidence, and the admissibility of testimony related to White House communications. Trump’s legal team is seeking to overturn the May 2024 verdict, arguing the case was politically motivated and legally flawed. The appeals panel, the Appellate Division, First Department, will hear 15-minute arguments from both Trump’s attorneys and Manhattan District Attorney Alvin Bragg’s office. Both sides have indicated the case is likely to reach New York’s highest court and potentially the U.S. Supreme Court.
Core Legal Arguments
Trump’s defense team contends the prosecution relied on an unconstitutional legal theory, arguing that state charges were preempted by federal election laws. They also assert that Trump’s official acts as president, including responses to public allegations, should be shielded by presidential immunity. The filing states that prosecutors failed to prove intent to defraud and that the case was built on "insufficient" evidence and "problematic" jury instructions.
Prosecutors, in contrast, maintain that the convictions were based on a scheme to conceal the $130,000 payment through falsified business records, with Trump reimbursing his former lawyer Michael Cohen for the expense. The payment was made days before the 2016 election to prevent Daniels from publicly discussing an alleged affair with Trump. A unanimous jury convicted Trump on all 34 counts in May 2024.
Political and Historical Context
The case has drawn significant attention due to its unprecedented nature—Trump, while serving as president, became the first former U.S. president to be convicted of a crime. His legal team has framed the prosecution as the "most politically charged" in U.S. history, arguing that the charges were brought by a Democratic prosecutor in the midst of a contentious presidential election. Trump’s attorneys also claim the case was driven by "immense political pressure" on prosecutors to target him.
Trump has not attended any court sessions related to the appeal and is expected to remain absent during Thursday’s hearing. His legal strategy has shifted focus from the merits of the conviction to procedural and constitutional challenges, including arguments about the admissibility of testimony related to his White House tenure and social media posts.
Next Steps and Potential Outcomes
The appeals court’s decision could either uphold the convictions, overturn them, or remand the case for further proceedings. Legal experts suggest the panel may take weeks or months to issue a ruling, with both sides prepared for the case to escalate to higher courts. The outcome could have significant implications for Trump’s legal standing and his ongoing political career, particularly as he seeks re-election.
The hearing comes as Trump continues to campaign for the presidency, having returned to the White House after the 2024 election despite his conviction. The case remains one of several legal challenges Trump faces, including federal and state investigations into election interference, classified documents, and business practices.