Trump appeals felony conviction citing Supreme Court immunity
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Donald Trump departs the courtroom after being found guilty in his hush money trial at Manhattan Criminal Court on May 30, 2024, in New York City. Photo: Justin Lane-Pool/Getty Images
President Trump's attorneys appealed his criminal conviction Monday, arguing the New York trial was "fatally marred" by evidence they say was protected by the Supreme Court's immunity decision.
The big picture: Last November, Trump became the first convicted felon to be elected president. Roughly a year later, he's still pushing to wipe away that historic conviction.
- A Manhattan jury convicted Trump in May of last year on 34 felony counts of falsifying business records tied to a hush-money payment to an adult film star in the run-up to the 2016 election.
Driving the news: The president was "convicted after a trial that featured repeated and clear violations of his constitutional rights, federal law, and New York law, presided over by a judge who was required to recuse," Trump's legal team from firm Sullivan & Cromwell argued in Monday's brief.
- The attorneys argued the jury was allowed to improperly consider official presidential acts and that federal election law preempted the state law central to District Attorney Alvin Bragg's arguments.
- The president's team also took aim at Juan Merchan, the judge who oversaw the case, arguing he should have recused himself. He refused to step away several times.
Flashback: The high court's immunity decision dropped weeks after the president was convicted and became fodder for Trump against other cases he faced.
- The court said the president enjoys "absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority."
- Trump's team argues that his criminal conviction must be set aside because the court "repeatedly erred in admitting evidence of President Trump's official acts as President," including testimony from former aide Hope Hicks.
What they're saying: "This case should never have seen the inside of a courtroom, let alone resulted in a conviction," his lawyers wrote.
- The Manhattan District Attorney's Office did not immediately respond to Axios' request for comment.
A spokesperson for Trump's legal team described the filing as a "powerhouse appeal in the Manhattan DA's Witch Hunt."
- "The Supreme Court's historic decision on Immunity, the Federal and New York State Constitutions, and other established legal precedent mandate that this meritless hoax be immediately overturned and dismissed," the spokesperson added.
Catch up quick: Trump has also continued to push for the state case to move to federal court, perhaps paving the way to a friendlier court.
- In January, the president received a no-penalty sentence in the case. But the conviction remains on his record — and he still wants it erased.
Go deeper: Trump sought $230M from DOJ to settle past investigations of him
Editor's note: This story was updated with a comment from Trump's legal team.
