Courts & Justice · Report · File No. 261031-124
Appeals court to hear Trump's bid to overturn hush-money conviction
Trump's lawyers will ask a mid-level New York appeals court to throw out his 34-count conviction, arguing the case was political. A retired judge who watched the trial says the odds are "highly unlikely."
Every quote in this story (2) was matched word for word against its source. How we work
President Donald Trump's lawyers will ask a New York appeals court to throw out his hush-money conviction, Courthouse News reported Saturday. The report says they will argue on Thursday before a mid-level appellate court. The report does not give a calendar date for that hearing. 1
A Manhattan jury convicted Trump in 2024 on 34 counts of falsifying business records. The conviction made him the first commander-in-chief to be found guilty of a crime. 1
What the jury found
Jurors found Trump took part in a scheme to keep bad stories out of the news during his 2016 campaign. His former lawyer Michael Cohen testified that Trump directed him to pay $130,000 to adult film star Stormy Daniels. 1
Cohen said the repayments were disguised as ordinary legal fees. Testimony showed Trump often signed those checks from the Oval Office during his first term. 1
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Trump was sentenced early last year to an unconditional discharge. Justice Juan Merchan, who presided over the trial, called that the only conceivable sentence for an incoming president. 1
Trump's argument
Trump says the judge should have stepped aside because of "the appearance of bias." Merchan declined several times, relying on a judicial ethics panel that found he could be objective. 1
Like every criminal defendant in a New York courtroom, President Trump was entitled to a fair trial before a properly instructed jury and a neutral judge
Trump also claims he was prosecuted for official acts as president. Courthouse News says multiple judges have already rejected that, finding the payments were personal. 1
In a July filing, the Manhattan district attorney's office argued that the charges came from "unofficial, nonpresidential conduct." It also argued that the trial judge had no basis to recuse himself. 2
The odds
Retired New York Judge George Grasso attended every day of the six-week trial. He told Courthouse News that the appeals court, the First Department, would act only on a very substantial legal error. 1
Based on my knowledge of the case and the prevailing law, I would expect the felony conviction of President Trump to be upheld
Trump also tried repeatedly to move the case to federal court. U.S. District Judge Alvin Hellerstein, who died Oct. 28 at 92, rejected those efforts each time. 1
Two of Trump's trial lawyers now hold senior government jobs. Todd Blanche is U.S. attorney general, and Emil Bove is a judge on the Third Circuit appeals court. 1
What happens next
The appeals panel could uphold the conviction, order a new trial or dismiss the case. The sources do not say when it will rule. 12
That matters because the hearing comes days before the Nov. 3 midterms. It is a test of whether an ordinary appeals process can still reach a president. 12
The Record
- A Manhattan jury convicted Trump on 34 counts of falsifying business records over hush-money payments. 1
- The Manhattan district attorney's office urged the appeals court to reject Trump's challenges. 2
- U.S. District Judge Alvin Hellerstein, who rejected Trump's bids to move the case to federal court, died at age 92. 1
Sources
- Courthouse News, “New York court takes up Trump's latest efforts to toss hush money conviction” (2026-10-31). courthousenews.com/new-york-court-takes-up-trumps-latest-eff
- ABC News, “Manhattan DA challenges Trump's appeal of his 2024 hush money conviction” (2026-07-29). abc7.com/story/manhattan-da-challenges-trumps-appeal-2024-hu
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