Legal experts believe Trump could win appeal in New York's '13th juror' appellate court

 June 4, 2024

Manhattan DA Alvin Bragg and many other critics of former President Donald Trump were quick to take victory laps in the wake of the guilty verdict last week, but their joy may soon come to an end. 

Trump and his lawyers have made crystal clear that they're already prepping the appeals process, and many legal observers -- from both sides of the political spectrum -- believe he has a high chance of winning on appeal.

Politico laid out how Trump and his legal team could tackle the appeals process, and the process will begin soon after his July 11 sentencing hearing.

Prior to the guilty verdict, legal scholars and observers from across the spectrum widely considered Bragg's case to be the weakest of four cases against the former president.

What's going on?

Trump attorney Will Scharf made it clear last week that his team will leave no stone unturned, telling CNN, "We are going to take this as high and far as we need to, including to the U.S. Supreme Court, to vindicate President Trump’s rights."

The first chance Trump and his lawyers will have to pursue the appeal will come within 30 days of the sentencing hearing through New York’s First Judicial Department appellate court.

That particular court has garnered a curious nickname as the "13th juror" because of its "broad discretion to review jury findings," according to the outlet.

Politico noted:

Their attack is expected to focus on a few key issues, including the legal theory that enabled prosecutors to transform 34 misdemeanor counts of falsifying business records into a felony case against the former president.

Notably, Arlo Devlin-Brown, a former federal prosecutor who was chief of the public corruption unit in the Manhattan U.S. Attorney’s office, said Trump's appeal "could have legs."

"The combination of the prosecution offering three different theories as to how the false records could have violated state election law, limited instruction on what some of those theories required, and the fact that jurors were not required to agree on which had been proven creates a real issue for the appeal," Devlin-Brown said.

"Underappreciated power"

Many, including Diana Florence, a former Manhattan assistant district attorney, believe Trump's chances at winning an appeal in the New York court are high.

"It’s an underappreciated power that the appellate division has," she said, referring to the fact that the judges on that court can consider the facts of the case in addition to the law.

She added, "It’s a loophole, if you will, that exists very uniquely in the appellate division of New York. Given there’s an inherent kind of bias with white-collar defendants, who are treated less severely, to that extent it could cut in his favor."

Only time will tell if Trump prevails in his appeal. One can only imagine the reaction from the left if and when that happens.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
© 2015 - 2024 Conservative Institute. All Rights Reserved.