Looming Over Trump’s Conviction: Reversal by the '13th Juror'

[Social Media]

 

Donald Trump’s conviction on 34 counts of falsifying business records has sparked a flurry of political and legal debates, but one aspect remains certain: he will appeal. Legal experts suggest that Trump has a substantial menu of options for his appeal, and some believe he has a reasonable chance of success in overturning the verdict.

 

Arlo Devlin-Brown, a former federal prosecutor and former chief of the public corruption unit in the Manhattan U.S. Attorney’s office, believes there is merit in Trump’s potential appeal. Trump’s legal team will file the appeal within 30 days of his sentencing on July 11, taking their case to New York’s First Judicial Department appellate court. This court, known colloquially as the "13th juror," has broad discretion to review jury findings, providing a potentially favorable venue for Trump’s appeal.

 

Key Issues for Appeal

Trump’s legal team is expected to challenge the legal theory that allowed prosecutors to elevate 34 misdemeanor counts of falsifying business records to a felony case. The trial jury found Trump guilty of falsifying business records to conceal a plot to undermine the 2016 election. However, jurors did not have to agree on a specific unlawful act, leading to multiple theories of how the records violated state election law. This lack of consensus among jurors on a singular unlawful act presents a significant point for the appeal.

 

Devlin-Brown highlights the combination of multiple prosecution theories, limited jury instructions, and the necessity for jurors to agree on the unlawful means as critical issues that could support Trump’s appeal. The appellate division’s structure, allowing judges to make decisions based on both the facts and the law, could work in Trump’s favor, according to Diana Florence, a former Manhattan assistant district attorney.

 

Potential Grounds for Appeal

 

Trump’s appeal might include several key arguments:

• Exclusion of Expert Testimony**: Trump’s lawyers might argue that the judge improperly restricted a former head of the Federal Election Commission from testifying about whether Trump violated campaign finance laws. Alexander Reinert, a professor of litigation at Cardozo School of Law, notes that Trump's legal team might focus on the exclusion of this testimony as a critical error.
• Prejudicial Testimony**: Lauren-Brooke Eisen, a former prosecutor and current senior director at the Brennan Center for Justice, suggests that Trump’s lawyers might argue that some testimony allowed during the trial was prejudicial. This includes detailed accounts from Stormy Daniels and testimonies related to the “Access Hollywood” tape, which Trump’s team could claim were irrelevant to the jury’s decision.
• Recusal and Venue Change**: Trump’s lawyers might also argue that the judge should have recused himself due to potential conflicts of interest, such as his daughter’s work for a consulting firm with Democratic clients. Additionally, they may argue that Trump could not receive a fair trial in Manhattan due to its heavy Democratic demographic and the extensive publicity surrounding the case.

 

Broader Implications and Strategy

Trump’s legal team appears to have long viewed the trial as just one step in a broader legal battle. Todd Blanche, Trump’s lead lawyer at the trial, emphasized that the defense's focus has been on the post-conviction process, expressing confidence in a successful appeal. Blanche’s comments on “The Today Show” reflect a strategic approach to the appeal, aiming for a swift vindication of Trump’s rights.

 

The appellate process may delve into complex legal issues, unlike the trial’s focus on more sensational evidence. This shift could benefit Trump, as the appeal will likely scrutinize the legal foundations of the prosecution’s case rather than the salacious details presented to the jury.

 

Credit: Politico 2024-06-03

 

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[Tug]

Oh trump will blubber and whaale throw fit’s threats and threaten violence…….the best thing is defeat him in the upcoming election get the rest of his cases to court tried.its all bluster

[Jingthing]

He will be a convicted felon (with a possible pending jail term) on election day as the appeals process will take years. No other convicted felon gets to be treated as a non felon during the appeals process just in case an appeal is successful. As far as a possible prison term, any other felon who has shown no remorse for their crimes upon conviction (which will be explored by his probation officer before sentencing) would be sentenced to prison. It will be interesting if his public persona is saying one thing and he says something else to his probation officer. Who knows with that grand grifter? 

[Excogitator]

I used to think: 

What level of crazy do you have to be, to support a man like Trump, now a convicted felon, and to actually want him as your president?

 

I got it all wrong...

 

As much as I hate to generalize, I am now convinced, beyond any doubt, that it is not a matter of mental health, but in fact, a matter of intelligence, or lack thereof.

 

For what else can it be?

 

Blind faith? 

- Is Trump truly the orange Jesus? 

Mass hypnosis? 

- Has Trump found a way to 'play the primal chords in their reptile brains'?

 

Hardly. There is nothing divine or supernatural about the guy. In fact, he is is not very gifted at all.

 

The truth is much more simple. His supporters don't even understand what they are supporting. 

 

They are easily tricked by hubris and simple talking points that appeal to their own biases.

So much so, that they are willing to vote against their own best interest. (Unknowingly I guess..)

 

They seem to live in total denial of reality. They won't accept election results, they won't accept court decisions, but instead disregard it all as 'rigged' and 'fake'.

 

Residing in some kind of alternative reality bubble where universally accepted facts, rules and laws don't apply.

 

It seems that many of his supporters don't even understand what this case was all about, what crimes Trump have been found guilty of, and what crimes he is still charged with...

 

 

[Danderman123]

Trump may get some relief during the appeal, but not for the reasons cited in the article.

 

For example, Judge Merchan's participation in the trial has already been reviewed.

[jerrymahoney]

 

 

 

 

 

 

Regarding any (immediate) Supreme Court intervention:

 

THE FEDERAL ELECTION CAMPAIGN ACT pg. 31:

The first of the People's theories of “unlawful means" which
I will now define for you is the Federal Election Campaign Act.

 

****************

 

"It is not clear if the federal election law violations could be the basis for prosecution in state court," Hasen said. "There is also an argument that Trump did not violate federal election law, for example, if his payments were personal and not campaign related."

 

Richard Pildes, law professor at New York University School of Law and an expert on constitutional law, said including the FECA violation as an "unlawful means" provided a federal question for Trump to bring to the Supreme Court.

 

"If the Trump team wants to argue that his actions do not amount to a violation of that federal law, the Supreme Court would have the power to decide on the proper meaning of FECA," Pildes told Salon. "Because it’s a federal law, the Supreme Court has the power to resolve the proper interpretation of that law."

 

https://www.salon.com/2024/06/01/ive-never-seen-that-legal-scholars-say-has-opening-to-turn-to-for-help/

[thaibeachlovers]

1 hour ago, Excogitator said:

The truth is much more simple. His supporters don't even understand what they are supporting. 

Rubbish. They have his previous 4 years to know what to expect.

 

Meanwhile the opposing candidate can barely walk unaided, talks to dead people in public, has to use a teleprompter to know what to say, and is a warmonger. Even worse has Harris waiting to take over from him when he gets taken away to the geriatric ward.

[thaibeachlovers]

1 hour ago, Excogitator said:

Residing in some kind of alternative reality bubble where universally accepted facts, rules and laws don't apply.

Rather like colluding to support a certain country that has broken multiple international laws despite being POTUS and required to uphold the law.

[Tug]

19 minutes ago, thaibeachlovers said:

Rubbish. They have his previous 4 years to know what to expect.

 

Meanwhile the opposing candidate can barely walk unaided, talks to dead people in public, has to use a teleprompter to know what to say, and is a warmonger. Even worse has Harris waiting to take over from him when he gets taken away to the geriatric ward.

Meanwhile in the real world under this administration we have the strongest economy on the planet low unemployment making progress on the world wide fight against inflation support our allies both east and west do what we can to reign in Netanyahu (he sucks) also keeping in mind just what the folks in charge of Gaza did to bring this calamity on the Palestinians not to shabby for a guy you claim to be ready for the nursing home ehh???another words you are dead wrong

[Excogitator]

53 minutes ago, thaibeachlovers said:

Rubbish. They have his previous 4 years to know what to expect.

 ..and that makes their support for him even more baffling, and it underscores my point of them  voting against their own best interest.

 

For under Trump:

1 trillion dollars of wealth was transferred from ordinary working Americans to his fellow billionaires, through handouts and tax-breaks.

 

Hundreds of thousands died unnecessarily due to his criminal incompetence in handling the covid-pandemic.

 

The economy lost 2.9 million jobs. The unemployment rate increased to 6.3%. 

 

Illegal immigration increased.

 

The murder rate rose to the highest level since 1997.

 

The number of people lacking health insurance rose by 3 million.

 

The federal debt held by the public went up, from $14.4 trillion to $21.6 trillion.

 

And, regarding your reference to Israel, Trump gave 3-4 billion dollars in military aid to Israel and Netanyahoo every year during his term. Many of these weapons were used in the clashes then with Gaza, and in the current war.

 

Need I go on..?

[TheFishman1]

Jump should never hold any public office ever is a cheat, a liar a thief. People should vote against them in the election that his trials go on let him be convicted for all his crimes and go to jail when he didn’t win election what did he do he sent all his ones down to Congress? There were death injuries, many people were hurt himself caused into this. He just will not admit it psychopathic liar 

[RichardColeman]

Hmm, for those anti-Trumpers, would you be happy being a black man in court in a 98% white state, with a all white jury , a judge that donated to the KKK, whose daughter worked for the KKK, being prosecuted by a DA that ran on locking up blacks, and that key witnesses were not allowed to appear  ? Come on, get real , of course you wouldn't.

 

I am not saying Trump is innocent BUT, as in the example above it is so obviously rigged. If not re-run it in a red state and see what happens. If you would not be convicted of the same crime in a different political state, then it is obviously political decisions

[soalbundy]

2 hours ago, Excogitator said:

I used to think: 

What level of crazy do you have to be, to support a man like Trump, now a convicted felon, and to actually want him as your president?

 

I got it all wrong...

 

As much as I hate to generalize, I am now convinced, beyond any doubt, that it is not a matter of mental health, but in fact, a matter of intelligence, or lack thereof.

 

For what else can it be?

 

Blind faith? 

- Is Trump truly the orange Jesus? 

Mass hypnosis? 

- Has Trump found a way to 'play the primal chords in their reptile brains'?

 

Hardly. There is nothing divine or supernatural about the guy. In fact, he is is not very gifted at all.

 

The truth is much more simple. His supporters don't even understand what they are supporting. 

 

They are easily tricked by hubris and simple talking points that appeal to their own biases.

So much so, that they are willing to vote against their own best interest. (Unknowingly I guess..)

 

They seem to live in total denial of reality. They won't accept election results, they won't accept court decisions, but instead disregard it all as 'rigged' and 'fake'.

 

Residing in some kind of alternative reality bubble where universally accepted facts, rules and laws don't apply.

 

It seems that many of his supporters don't even understand what this case was all about, what crimes Trump have been found guilty of, and what crimes he is still charged with...

 

 

Trump supporters are basically protesters of the system with no interest in facts and most, it would seem, have missed out when IQ was being distributed, since Trump himself isn't very intelligent they can identify with him. It isn't helpful that the GOP is full of sycophants who see in him a good figurehead to win the election. The Democrat party would be well advised to change horses before the election with someone younger, dynamic and with charisma.

[Woof999]

5 minutes ago, RichardColeman said:

If not re-run it in a red state and see what happens. If you would not be convicted of the same crime in a different political state, then it is obviously political decisions

 

So when I try to run a debate to decide whether Manchester United is the greatest European football team ever, I should only poll Manchester United supporters?

 

US politics (like most demacracies) is binary. You're pretty much either red or blue. Using your logic, if a politician has to be tried in a state where they have almost universal support, they would never be convicted of anything.

[JCauto]

2 hours ago, Excogitator said:

I used to think: 

What level of crazy do you have to be, to support a man like Trump, now a convicted felon, and to actually want him as your president?

 

I got it all wrong...

 

I would say it is the logical outcome of many years of deliberate strategy to obfuscate the truth, to radicalize the Right and to push false narratives such as "both sides" and "whataboutism". How else could you take the "law and order" people who are fundamentalist Christian and have them slavishly devoted to someone who represents literally the diametric opposite of those values - lust, hatred for strangers, avarice, excess, self-glorification. Mind you, those Evangelical mega-churches so little resemble the origins and meanings of Christianity that they function instead as unintentional parody. 

[stoner]

35 minutes ago, Woof999 said:

US politics (like most democracies) is binary. You're pretty much either red or blue.

 

therein lies a big part of the problem.

[AboutThaim]

1 hour ago, Excogitator said:

 ..and that makes their support for him even more baffling, and it underscores my point of them  voting against their own best interest.

 

For under Trump:

1 trillion dollars of wealth was transferred from ordinary working Americans to his fellow billionaires, through handouts and tax-breaks.

 

Hundreds of thousands died unnecessarily due to his criminal incompetence in handling the covid-pandemic.

 

The economy lost 2.9 million jobs. The unemployment rate increased to 6.3%. 

 

Illegal immigration increased.

 

The murder rate rose to the highest level since 1997.

 

The number of people lacking health insurance rose by 3 million.

 

The federal debt held by the public went up, from $14.4 trillion to $21.6 trillion.

 

And, regarding your reference to Israel, Trump gave 3-4 billion dollars in military aid to Israel and Netanyahoo every year during his term. Many of these weapons were used in the clashes then with Gaza, and in the current war.

 

Need I go on..?

No! That's enough drivel for one post.  LOL

[Chomper Higgot]

1 minute ago, AboutThaim said:

No! That's enough drivel for one post.  LOL

It’s certainly a far better considered and thoughtful response than your ill informed nonsense deserves.

[ElwoodP]

Please don't call other posters names. It adds nothing to the discussion and just ensures removal of your post.

I've just removed 2 posts, please try to be polite and pleasant with each other.

 

Thank You for your cooperation. 

[Irish star]

2 hours ago, thaibeachlovers said:

Rubbish. They have his previous 4 years to know what to expect.

 

Meanwhile the opposing candidate can barely walk unaided, talks to dead people in public, has to use a teleprompter to know what to say, and is a warmonger. Even worse has Harris waiting to take over from him when he gets taken away to the geriatric ward.

Trumps Fangirl going off again , Clam it , Your in a Cult , why would we listen to one word , you have to say , TrumpTraitorLover , Please turn off Qanon Channel it’s affecting your mental health and ours 

[Irish star]

26 minutes ago, AboutThaim said:

No! That's enough drivel for one post.  LOL

Drivel , Not really he’s an International Disgrace 

[Irish star]

2 hours ago, thaibeachlovers said:

Rubbish. They have his previous 4 years to know what to expect.

 

Meanwhile the opposing candidate can barely walk unaided, talks to dead people in public, has to use a teleprompter to know what to say, and is a warmonger. Even worse has Harris waiting to take over from him when he gets taken away to the geriatric ward.

Donnie Dementia Donnie Depends, rambling to himself , what about when he just stopped talking for 5 minutes, mumbling to himself , holding a cup with two hands like a toddler lol do I need to go on , 5555, Cmon escape that Cult your member of and turn off Qanon Channel 

[Purdey]

It's like reading the rants of children today. So sad.

[nauseus]

3 hours ago, Tug said:

Meanwhile in the real world under this administration we have the strongest economy on the planet low unemployment making progress on the world wide fight against inflation support our allies both east and west do what we can to reign in Netanyahu (he sucks) also keeping in mind just what the folks in charge of Gaza did to bring this calamity on the Palestinians not to shabby for a guy you claim to be ready for the nursing home ehh???another words you are dead wrong

 

The real world? Hilarious.

[nauseus]

3 hours ago, Excogitator said:

 ..and that makes their support for him even more baffling, and it underscores my point of them  voting against their own best interest.

 

For under Trump:

1 trillion dollars of wealth was transferred from ordinary working Americans to his fellow billionaires, through handouts and tax-breaks.

 

Hundreds of thousands died unnecessarily due to his criminal incompetence in handling the covid-pandemic.

 

The economy lost 2.9 million jobs. The unemployment rate increased to 6.3%. 

 

Illegal immigration increased.

 

The murder rate rose to the highest level since 1997.

 

The number of people lacking health insurance rose by 3 million.

 

The federal debt held by the public went up, from $14.4 trillion to $21.6 trillion.

 

And, regarding your reference to Israel, Trump gave 3-4 billion dollars in military aid to Israel and Netanyahoo every year during his term. Many of these weapons were used in the clashes then with Gaza, and in the current war.

 

Need I go on..?

 

What a crock.

[gargamon]

2 hours ago, RichardColeman said:

Hmm, for those anti-Trumpers, would you be happy being a black man in court in a 98% white state, with a all white jury , a judge that donated to the KKK, whose daughter worked for the KKK, being prosecuted by a DA that ran on locking up blacks, and that key witnesses were not allowed to appear  ? Come on, get real , of course you wouldn't.

 

I am not saying Trump is innocent BUT, as in the example above it is so obviously rigged. If not re-run it in a red state and see what happens. If you would not be convicted of the same crime in a different political state, then it is obviously political decisions

So if I get a speeding ticket in Kentucky I should be prosecuted in Maine because I like the laws there more? NY crimes need to be prosecuted in NY. It's Trump's own fault that everyone there knows his antics too well to acquit him.

[billd766]

1 hour ago, Irish star said:

Trumps Fangirl going off again , Clam it , Your in a Cult , why would we listen to one word , you have to say , TrumpTraitorLover , Please turn off Qanon Channel it’s affecting your mental health and ours 

But he has exactly the same right to post his opinion as you, me or anybody else. If you don't like his posts, then skip over them or put him on your ignore list.

[billd766]

1 hour ago, Irish star said:

Drivel , Not really he’s an International Disgrace 

But that is simply your opinion, which is worth just as much as anybody else's.

[billd766]

1 hour ago, Purdey said:

It's like reading the rants of children today. So sad.

I agree with you and, to me, it is getting worse month by month.

[billd766]

22 minutes ago, nauseus said:

 

The real world? Hilarious.

So post the latest links and prove him wrong.