Following the guilty verdict on all charges against former President Trump on Thursday, legal experts say the case brought by Manhattan District Attorney Alvin Bragg will be “irretrievably challenged” if appealed.
Trump, a former president and presumed Republican nominee for 2024, was charged with 34 counts of first-degree falsifying business records. He pleaded not guilty, but a 12-person jury found him guilty on all charges.
The sentence is scheduled for July 11, four days before the Republican National Convention. Each charge carries a maximum sentence of four years in prison. In total, Trump faces up to 136 years in prison.
But some legal experts say the case is a “probably appeals-prone environment” and that Trump is expected to appeal.
Trump found guilty on all charges in New York criminal trial
Former President Trump will return to a New York City courtroom on Thursday, May 30, 2024. (Pool Photo by Michael M. Santiago/via Associated Press)
“I believe this case will ultimately be overturned, either in the state or federal system,” constitutional lawyer and Fox News contributor Jonathan Turley said Thursday.
“But this was the worst possible outcome for a Manhattan trial,” he said. “I was hopeful that the jury would restore integrity to an institution that has been exploited for political purposes.”
“The trial is ripe for appeal, but the appeals will likely continue after the election. In the meantime, Democrats and President Biden can add ‘convicted felon’ to their political slogan,” he said.
Former federal prosecutor John Malcolm told Fox News Digital he believed the jury’s verdict showed they were convinced by the testimony of Trump’s former lawyer, Michael Cohen, who Trump’s defense team called “GLOAT,” or “the biggest liar of all time.”
“The jury clearly believed Michael Cohen, which is hard for me to understand because Michael Cohen has admitted to lying under oath every time, hating Donald Trump, blaming him for all of his problems, stealing from him and will benefit from this conviction,” Malcolm said.
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Former President Trump sits in court during his trial at Manhattan Criminal Court in New York City on May 21, 2024. (Michael M. Santiago/Pool AFP via Getty Images)
Prosecutors had to prove beyond a reasonable doubt that Trump falsified business records to hide a $130,000 payment he made to former porn star Stormy Daniels before the 2016 election in order to silence her about an alleged affair between Trump and her in 2006. Prosecutors were ultimately successful; Trump denied the affair throughout the trial.
“It’s a very dangerous strategy for Trump to focus on Michael Cohen’s credibility rather than the complex legal basis of his allegations,” said Gregory Germain, a professor at Syracuse University’s law school.
“I don’t know what the jury was expected to believe – that Michael Cohen paid Stormy Daniels $125,000 of his own money without Trump’s consent or promise of repayment? The jury didn’t present an alternative that made sense, so naturally they believed Cohen,” Germain said.
He argues that a “much better argument” would have been that the records were altered in 2017 after the election, that the records were not made public and were not known to the public, and therefore could not have been altered to deceive voters in the 2016 election.
“I don’t know how many legal issues were left for appeal or why they weren’t focused on. Maybe the judge didn’t let the defence argue those points. But there are a lot of issues that should be appealed,” he said.
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Former President Trump appeared at his criminal trial at Manhattan Criminal Court in New York City on May 29, 2024. (Charlie Triborough-Pool/Getty Images)
Malcolm noted that Judge Juan Marchan’s instructions to the jury “were heavily biased in favor of the prosecution, informing them that they must unanimously conclude that Mr Trump had false business records created with the intent of covering up ‘other crimes.'”
“There was no need for unanimity as to what the other crime was, and this will be one of many issues that Trump’s legal team raises on appeal,” Malcolm said, adding: “I would not be surprised if the conviction is overturned, but that is unlikely before the election.”
Turley added that the verdict marks the first time a former president has been convicted in the United States and marks “a major step forward for faith in the rule of law.”
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“[F]”Or anyone who is outraged by this verdict, remember that this country still values the rule of law and this verdict will be appealed,” Turley said. “I think it will be overturned in the state and federal systems, but it’s those moments when you don’t agree with the verdict, when you’re on the other side, that’s when you have to jump in and believe in the rule of law. That’s what defines us,” Turley told Fox News’ Shannon Bream on Thursday.
“Many people feel this case embodies the exact opposite of that, but as a country we have a system in place to review this, and with Donald Trump it’s unlikely that will happen before the election,” he said.
