The Historic Conviction: Donald Trump Found Guilty on 34 Felony Counts in NY

by Sean Timmons , Managing Partner , Tully Rinckey PLLC, Houston, Texas

Exploring the Legal Battle, Key Testimonies, and Potential Appeals Following Trump's Unprecedented Conviction

Yesterday, 2024, former President Donald Trump was convicted on 34 separate felony counts of falsifying business records to cover up campaign finance violations. He faces sentencing on July 11, 2024, and a maximum punishment of 4 years in prison for each count. Technically, he could face incarceration and be forced to run for another term as President from jail.

Trump has been convicted on 34 counts of a novel legal theory never before prosecuted in the State of New York. He was accused of committing felony-level business records notation discrepancies to cover up a purported federal election law “crime” not prosecuted by the Federal Elections Commission and/or the Department of Justice. His attorneys now have thirty calendar days to file a “Notice of Appeal” and six months to file the actual appeal.

One of the most apparent issues Trump’s team will argue vigorously is that the testimony of porn star and apparent extortionist Ms. Stormy Daniels went far beyond the scope of the charges Trump was facing official notice and prosecution for. Daniels went on to describe the sexual encounter with Trump as forced, coerced, and a “me too” level rape, after spending years initially claiming all of the purported sexual encounters with Trump were, in fact, consensual, but unnoteworthy because Trump was deficient in his “performance.” Daniels, by being permitted to accuse Trump of being a rapist, obviously inflamed the emotions of the jury, and the attorneys for Trump will be able to argue that her testimony inflamed their emotions and caused them to convict him of what he was charged with because of the slimy conduct she alleges he engaged in. Her testimony contained significant irrelevant information that even caused the Judge to tell the prosecutor to stay on task and focus on the matter being litigated.

Another avenue for the appeal involves the refusal of the Judge to permit the defense to elicit testimony from their designated expert, Mr. Bradley Smith. This law professor previously held a position with the Federal Election Commission. His proffered testimony was that he could refute the prosecution's claims that the $130,000.00 payment to Daniels in response to her attempt at extortion via humiliation, embarrassment, and shame somehow amounted to a relevant and material campaign-finance violation. The connection to campaign finance here and the payment to the porn star is nebulous, amorphous, and quite frankly legally bizarre, and even hardcore progressive legal advocates who vehemently hate Donald Trump have acknowledged that required a significant amount of “creative thinking” to go from paying a porn star to be quiet to save a marriage from infidelity exposure to this being relevant to an election campaign required disclosure.?

Another argument we are likely to see advanced is presidential immunity. In 2017, when the checks to Daniels were paid, or the reimbursement to Michael Cohen occurred, Trump became president. He may argue that he wrote these checks in his official capacity as President and, as such, is immune from state-level criminal liability. While not a likely successful argument at the moment, the pending Supreme Court decision on the breadth, depth, and scope of presidential immunity could include a performance of duties to protect the oval office from embarrassment, and as such, it is possible paying the porn star to be quiet could be construed as an official act worthy of presidential immunity protection. It's unlikely, but a plausible argument that would require the sort of “creative thinking” that resulted in Trump being a convicted felon here in the first place.

The final and most promising avenue for an appeal is likely to claim judicial bias. The Judge here made several rulings indicating he was very pro-prosecution in this case. This was out of character because of his general reputation as a “defense hack” judge, meaning he is ordinarily sympathetic to hardened criminals. Here, his deference to the prosecution's handling of the case and strict scrutiny of the conduct of the case of the defense could indicate to appellate judges reviewing this matter that some of his evidentiary rulings during trial indicted actual bias to the point he abused his discretion to such a severe degree that it caused material prejudice to the defendant and thus warrants the conviction(s) here being vacated.

The jury instructions were quite favorable to the prosecution and are solid grounds on which to base the appeal, but overturning the case on jury instructions alone will be a huge uphill battle.

Everyone should remember that most convictions stick, we technically break the law often, and prosecutors have significant discretion on what charges to bring, when, where, how, and against whom. Our system contains so many laws and potential liabilities that our freedom from excessive government scrutiny is under assault. As a strong defender of members of the armed forces, I can vouch for the fact that today, many young people sit idle in jail for “crimes” that never should have been prosecuted, that lack strong evidence, and that they are in prison is quite frankly shocking and immoral. That said, we should look to reform our legal system to bring back basic fundamental fairness to the accused because, as this case shows, anyone could reasonably end up a convicted felon, especially someone relying on the advice and counsel of a disgraced, disbarred and convicted felon like Mr. Michael Cohen. The counsel you hire to handle your affairs is critically essential, and a mistake in the choice of counsel, as seen here in this case, can have catastrophic consequences.

Policy Recommendations

by Thomas McGregor, Policy Brief

Criminal Justice Policy Recommendations

The conviction of former President Donald Trump on 34 felony counts underscores several critical issues within our criminal justice system. To address these challenges and ensure a more fair and just legal process, the following policy recommendations are proposed:

1. Strengthening Evidentiary Standards for Prosecution:

• Require Clear and Relevant Evidence: Implement stricter standards for the admissibility of evidence in court. Testimonies and evidence presented should directly relate to the charges being prosecuted, minimizing the risk of prejudicial information influencing the jury.
• Limit the Scope of Testimony: Establish guidelines to prevent the inclusion of irrelevant and potentially inflammatory testimony that could unfairly sway juries.

2. Judicial Oversight and Training:

• Regular Training for Judges: Enhance training programs for judges to ensure they remain impartial and adhere to fair trial standards. This should include training on handling high-profile cases and maintaining neutrality.
• Independent Review of Judicial Conduct: Create an independent body to review and address allegations of judicial bias and misconduct, ensuring that judges are held accountable for their actions during trials.

3. Campaign Finance Law Reforms:

• Clarify Campaign Finance Regulations: Simplify and clarify campaign finance laws to prevent ambiguous interpretations that could lead to novel and controversial prosecutions. Clear guidelines will help candidates and their teams comply with the law.
• Establish a Federal Oversight Mechanism: Introduce a federal oversight body to review and approve significant campaign expenditures and financial transactions to ensure transparency and legality and reduce the risk of future violations.

4. Reforming the Appeals Process:

• Streamline the Appeals Process: Simplify the process for filing and reviewing appeals to ensure defendants can challenge convictions efficiently and effectively. This includes reducing bureaucratic delays and providing adequate resources for appellate courts.
• Protect Defendants’ Rights During Appeals: Ensure that defendants' rights are protected during the appeals process, including the right to present new evidence and a fair and impartial review of their case.

5. Promoting Transparency and Accountability in Prosecution:

• Oversight of Prosecutorial Discretion: Provide an option for independent oversight committees to review prosecutorial decisions, ensuring that charges are brought fairly and without bias. This can help prevent the misuse of prosecutorial power.
• Transparency in Plea Bargains: Provide an option for independent transparency in plea bargain negotiations, requiring an independent body to document and review all terms and agreements to prevent coercion and ensure fairness.

6. Comprehensive Criminal Justice Reform:

• Addressing Overcriminalization: Review and revise the criminal code to eliminate outdated, redundant, or overly unclear laws contributing to overcriminalization and unnecessary convictions.

By implementing these policy recommendations, we can work to ensure a fair and just criminal justice system that protects the rights of all individuals, ensures fair trials, and prevents the misuse of legal power.

Case Details:

• Trump Verdict Sheet - DocumentCloud
• D.A. Bragg Announces 34-Count Felony Trial Conviction of Donald J. Trump – Manhattan District Attorney’s Office ( manhattanda.org )
• Donald Trump found guilty in New York hush money trial - POLITICO

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