Trump's new lawyers move to appeal New York criminal conviction over 'misuse' of law



President Donald Trump secured a new legal team as he moves to appeal the New York criminal conviction where a jury found him guilty of all 34 counts of falsifying business records.

Earlier this month, Judge Juan Merchan sentenced Trump to an "unconditional discharge," meaning the president would not face jail time, fines, or probation supervision. While the sentencing did not interfere with Trump's ability to return to the White House for his second term, it officially solidified his felony convictions and, in doing so, allowed the appeal process to begin.

'The misuse of the criminal law by the Manhattan DA to target President Trump sets a dangerous precedent.'

During his sentencing, Trump called the case a "setback for New York" and its court system.

"It was done to damage my reputation so I would lose the election, and obviously that didn't work," Trump stated.

"I got indicted over calling a legal expense a legal expense," he continued. "I just want to say I think it's an embarrassment to New York."

Trump's new legal team, led by Robert Giuffra with Sullivan & Cromwell, filed a notice to appeal on Tuesday, formally starting the process.

Giuffra and several other Sullivan & Cromwell attorneys — James McDonald, Morgan Ratner, Jeff Wall, and Matthew Schwartz — are expected to submit a legal brief in the coming months to make the case for an appeal of the convictions.

Trump was previously represented by attorneys Todd Blanche and Emil Bove in the New York case that accused him of hiding hush-money payments to adult film actress Stormy Daniels.

Since Trump's November presidential election victory, Bove has become the acting deputy attorney general for the Department of Justice. Trump nominated Blanche as deputy attorney general. He is currently awaiting confirmation.

Giuffra stated, "President Donald J. Trump's appeal is important for the rule of law, New York's reputation as a global business, financial, and legal center, as well as for the presidency and all public officials."

"The misuse of the criminal law by the Manhattan DA to target President Trump sets a dangerous precedent, and we look forward to the case being dismissed on appeal," he continued.

The appeal will first be heard in New York's Appellate Division court and then move to the state's highest court, the State Court of Appeals in Albany.

Manhattan District Attorney Alvin Bragg will have an opportunity to respond to Trump's argument for the appeal.

Bragg's office did not respond to a request for comment from The Hill.

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Trump sentenced in New York case just days before his inauguration



Just 10 days before Inauguration Day, Judge Juan Merchan sentenced President-elect Donald Trump on Friday morning in the New York criminal case in which a jury previously found him guilty on all 34 counts of falsifying business records.

Trump received an "unconditional discharge," meaning he will not face jail time, fines, or probation supervision. While the sentencing will not interfere with Trump's ability to return to the White House, it officially solidifies his felony convictions.

'I impose that sentence to cover all 34 counts.'

"As a matter of law, in the criminal law, there is not judgment of conviction until the defendant is sentenced," former assistant U.S. attorney Andy McCarthy explained during a November interview. "So right now, what we have are jury findings of guilty, and Trump has made post-trial motions to get those vacated."

McCarthy stated that prior to sentencing, the judgment of conviction had not yet been entered into court records. Now that the judgment has been documented, Trump can appeal the jury's conviction.

On Tuesday, Trump's attorneys filed an emergency application to the United States Supreme Court requesting that Merchan's scheduled sentencing date be blocked after the judge denied a similar motion from the defense the day prior.

Trump's lawyers, Todd Blanche and Emil Bove, requested that sentencing be postponed while they appealed Merchan's decision to reject a previous motion to dismiss the case.

In a 5-4 vote on Thursday, the Supreme Court rejected Trump's bid to delay.

The justices' ruling read, "First, the alleged evidentiary violations at President-Elect Trump's state-court trial can be addressed in the ordinary course on appeal. Second, the burden that sentencing will impose on the President-Elect's responsibilities is relatively insubstantial in light of the trial court's stated intent to impose a sentence of 'unconditional discharge' after a brief virtual hearing."

Bove and District Attorney Alvin Bragg attended Friday's sentencing in person, while Trump and Blanche tuned in remotely from Mar-a-Lago.

The Washington Post reported that Merchan referred to Trump as "Mr. Trump" instead of "President Trump" during the Friday hearing,

As the proceedings got under way, Bragg's prosecution told Merchan that prosecutors recommended "a sentence of unconditional release."

Prosecutor Joshua Steinglass said, "The verdict was delivered by a jury that was carefully chosen."

He called the jury's decision "unanimous" despite Merchan allowing jurors to disagree on the "unlawful means," or which crime among three options was committed.

Steinglass accused Trump of being "unrelenting in his unsubstantiated attacks" against the court, judge, and prosecutors. He claimed Trump has used "dangerous" rhetoric and shown a lack of remorse.

Trump spoke during his sentencing hearing, calling the case a "setback for New York" and its court system.

"It was done to damage my reputation so I would lose the election, and obviously that didn't work," he declared.

"I got indicted over calling a legal expense a legal expense," Trump continued. "I just want to say I think it's an embarrassment to New York."

Following Trump's statements, Merchan delivered the sentence.

"Never before has this court been presented with such a unique and remarkable set of circumstances," Merchan stated.

"At this time, I impose that sentence to cover all 34 counts," he said, sentencing Trump to unconditional discharge. "Sir, I wish you Godspeed as you pursue your second term in office."

During the hearing, Blanche stated that the defense plans to appeal.

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