Trump Has Few Ways to Overturn His Conviction as a New York Felon
NYT - Mr. Trump, the presumptive Republican nominee, is banking on the jury not having the final word on the case. He has already outlined a plan to appeal a verdict that on Friday he labeled “a scam.” But even if the former — and possibly future — president could persuade voters to ignore his conviction, the appellate courts might not be so sympathetic. Several legal experts cast doubt on his chances of success, and noted that the case could take years to snake through the courts, all but ensuring he will still be a felon when voters head to the polls in November.
The former president’s supporters are calling on the U.S. Supreme Court to intervene, though that is highly unlikely. In a more likely appeal to a New York court, Mr. Trump would have avenues to attack the conviction, the experts said, but far fewer than he has claimed. The experts noted that the judge, whose rulings helped shape the case, stripped some of the prosecution’s most precarious arguments and evidence from the trial. The appeal will be a referendum on the judge, Juan M. Merchan, who steered the trial through political and legal minefields even as Mr. Trump hurled invective at him and his family. Justice Merchan, a no-nonsense former prosecutor, said that he was keenly aware “and protective of” Mr. Trump’s rights, including his right to “defend himself against political attacks.”
Mark Zauderer, a veteran New York litigator who sits on a committee that screens applicants for the same court that will hear Mr. Trump’s appeal, said that Justice Merchan avoided pitfalls that often doom convictions. “This case has none of the usual red flags for reversal on appeal,” Mr. Zauderer said. “The judge’s demeanor was flawless.”
Mr. Trump might also have a final option: the U.S. Supreme Court. Mr. Trump, who already tried and failed to move the case to federal court, could try again if he were elected. It would be a long shot. Procedurally, it is exceedingly difficult for a state defendant to reach the Supreme Court without exhausting state appeals. “This is a garden-variety state court conviction,” Mr. Zauderer said. “I don't see a plausible path to the Supreme Court.”
NYT - Mr. Trump, the presumptive Republican nominee, is banking on the jury not having the final word on the case. He has already outlined a plan to appeal a verdict that on Friday he labeled “a scam.” But even if the former — and possibly future — president could persuade voters to ignore his conviction, the appellate courts might not be so sympathetic. Several legal experts cast doubt on his chances of success, and noted that the case could take years to snake through the courts, all but ensuring he will still be a felon when voters head to the polls in November.
The former president’s supporters are calling on the U.S. Supreme Court to intervene, though that is highly unlikely. In a more likely appeal to a New York court, Mr. Trump would have avenues to attack the conviction, the experts said, but far fewer than he has claimed. The experts noted that the judge, whose rulings helped shape the case, stripped some of the prosecution’s most precarious arguments and evidence from the trial. The appeal will be a referendum on the judge, Juan M. Merchan, who steered the trial through political and legal minefields even as Mr. Trump hurled invective at him and his family. Justice Merchan, a no-nonsense former prosecutor, said that he was keenly aware “and protective of” Mr. Trump’s rights, including his right to “defend himself against political attacks.”
Mark Zauderer, a veteran New York litigator who sits on a committee that screens applicants for the same court that will hear Mr. Trump’s appeal, said that Justice Merchan avoided pitfalls that often doom convictions. “This case has none of the usual red flags for reversal on appeal,” Mr. Zauderer said. “The judge’s demeanor was flawless.”
Mr. Trump might also have a final option: the U.S. Supreme Court. Mr. Trump, who already tried and failed to move the case to federal court, could try again if he were elected. It would be a long shot. Procedurally, it is exceedingly difficult for a state defendant to reach the Supreme Court without exhausting state appeals. “This is a garden-variety state court conviction,” Mr. Zauderer said. “I don't see a plausible path to the Supreme Court.”
