Legal analyst Joyce Vance joins Preet Bharara to break down Trump's appeal of felony charges, potential Supreme Court involvement, Hunter Biden's federal trial, and the disinformation surrounding Trump's conviction.
Trump's appeal may focus on post-trial motions rather than a direct appeal to the Supreme Court.
Success in appealing Trump's conviction is low due to challenging the court's decisions and the need for strong legal grounds.
Deep dives
Trump's Conviction and Appeal Process
Donald Trump made history by being the first former U.S. president convicted of a crime, facing 34 counts of falsifying business records in Manhattan court. Despite plans to appeal the conviction, arguments suggesting appealing directly to the Supreme Court are unrealistic. Trump's legal team may focus on post-trial motions and appeals that either cast a wide net of arguments or prioritize key issues, challenging the court's decisions.
Challenges in the Appeal
Trump's appeal strategy could include contesting the judge's refusal to grant a mistrial, arguments related to Stormy Daniels' testimony, and concerns about the jury's unanimous agreement on the means to violate statutes. While various legal grounds may be used for appeal, including claims on venue and evidence admissibility, the likelihood of a successful reversal remains low.
Assessment of Reversal Likelihood and Judicial Process
The podcast reflects on the low percentage of cases overturned on appeal due to the caution exercised by prosecutors and courts in challenging jury verdicts. The complex legal considerations in Trump's case, especially regarding unanimity in jurors' decisions, may not present a clear avenue for successful appeal. The discussion stresses the stringent criteria for appeals to overturn convictions, highlighting the challenge Trump's legal team faces in seeking reversal.
In an excerpt from a new episode of the CAFE Insider podcast, Preet Bharara and Joyce Vance discuss former President Donald Trump’s expected appeal of his New York state conviction of 34 felony counts of falsifying business records. What are Trump’s strongest arguments on appeal? And will the case eventually end up before the U.S. Supreme Court?
In the full episode, Preet and Joyce further discuss the aftermath of Trump’s felony conviction, including the sentencing process and the disinformation being spread by Trump and his allies about the judicial process and trial. They also break down the federal charges against Hunter Biden, for which he is standing trial in Delaware.
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