Trump's Hush Money Case Will the Appeal Court Silence the Critics?

Appeals court to take up Trump's challenge to his criminal hush money conviction - ABC News

Article Heading: Appeals Court to Hear Trump's Challenge to Hush Money Conviction

Just over a year after making history as the first former president convicted of a felony, Donald Trump is once again in the legal spotlight. This Wednesday, the U.S. Court of Appeals for the 2nd Circuit is set to hear oral arguments regarding Trump's attempt to move his criminal hush money case from state to federal court.

A Recap of the Case

In 2025, Trump was found guilty on 34 felony counts in Manhattan. Prosecutors alleged that he orchestrated a "scheme" to influence the 2016 presidential election by making hush money payments to adult film actress Stormy Daniels and subsequently falsifying New York business records to conceal this alleged criminal activity.

Trump's Defense: Presidential Immunity

Trump's legal team argues that the actions in question during the trial were "official acts" undertaken during his presidency. They assert that this grants him broad immunity and the right to have the case moved to federal court. They further contend that a Supreme Court ruling from last year, which granted presidential immunity for official acts, would have prevented the conviction had it been in place during the trial.

Key Arguments:

  • "Official Acts": Trump's lawyers claim the conduct was part of his presidential duties.
  • Supreme Court Precedent: They believe the Supreme Court's immunity ruling should apply retroactively.
  • Post-Trial Removal: They argue there is "good cause" for moving the case even after the trial's conclusion.

Interestingly, lawyers with the Department of Justice filed an amicus brief supporting Trump's request, stating, "The United States has a strong and direct interest in the issues presented in this appeal."

The Prosecution's Stance

Manhattan District Attorney Alvin Bragg, who led the prosecution, firmly believes the case belongs in state court. He argues that moving the case after sentencing is not permissible under the law.

Bragg's counter-arguments include:

  • The statutory language suggests that criminal case removals should happen before sentencing.
  • Essential federal proceedings are anticipated to occur before a final criminal judgment.

What's Next?

The appeals court panel hearing the case comprises three federal judges, all nominated by Democratic presidents.

The potential outcomes are significant:

  • If Trump wins the appeal: His conviction stands, but the appeal process moves to a federal court.
  • Ultimate Appeal: Regardless of the appeals court decision, Trump could take the case to the U.S. Supreme Court.
  • Potential Pardon: Moving the case to federal court could open the door for Trump to potentially pardon himself, although this remains a highly debated legal possibility.

This case continues to be a landmark legal battle with potentially far-reaching implications for the understanding of presidential power and the boundaries of justice. The upcoming hearing promises to be a crucial moment in this ongoing saga.

Tags: Trump, Hush Money, Appeals Court, 2nd Circuit, Conviction, Criminal Case, Federal Court, Oral Arguments, Donald Trump, US Court, Presidential Immunity, Alvin Bragg, Stormy Daniels, Department of Justice

Source: https://abcnews.go.com/US/appeals-court-trumps-challenge-criminal-hush-money-conviction/story?id=122709741

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