Is It Confusing Enough Yet?

On appeal, Trump's lawyers must argue:

* Merchan had it wrong that Trump brought his motion too late.

* That Trump's tweets and other records from the time of his presidency shown to the jury were "official acts."

* Prosecutors wrongly used that evidence to convict him. pic.twitter.com/49BaTVYXid

— Adam Klasfeld (@KlasfeldReports) July 2, 2024

This actually straightens a few things out 

1)  Trump’s motion is on errors made by the trial court that are in a new light due to the Supremes. We knew that, but Trump is raising specific rulings by the court, and that makes all the difference. (The “too late” part is resurrecting Trump’s objection to this. Notably Trump is still assuming this new immunity can be waived. I’m still not sure that’s true, but it’s the safer assumption for now.)

(Yes, I should have considered the specifics of the pleadings, but in my defense I didn’t have access to any such information. Okay…)

2) The “official acts” argument. They need a ruling on that so they can raise it in appeal. Merchan could (and probably will) easily toss that hot potato up the ladder, where it will be hot for a long time. I don’t think it buys them a new trial at this point.

3) Hangs entirely on 2). And it still only presents grounds for a new trial, as prosecutors couldn’t have wrongly depended on that evidence before the ruling in Trump v U.S.

My guess now is that sentencing occurs in September, and Trump can argue the evidence issues on appeal. I think the state courts will find that one gristly and tough, and will want to chew on it a long time.

This reminds me that the Supremes were perfectly OK with allowing someone to be put to death because their lawyers motions were made after the court rules said they had to be submitted. How much would anyone be willing to bet that they'll find some lawerly-liarly way to let Trump off of the NY conviction?

I think they will, too; but it’ll be a few years from now. Case has to be finally ruled on by NY Court of Appeals first. And Trump owes several major judgments. My guess us he’s in bankruptcy court sometime next year as the donations stop and the legal fees don’t. I’m not sure he can afford to get this case back to the Supreme Court.