Former President Trump is widely expected to appeal his New York criminal conviction later this week, taking the case to the New York Court of Appeals and possibly beyond.
Trump’s appeal would send the case to the New York Appellate Division, First Judicial Division, a 21-judge panel led by Chief Justice Diane Renwick, who was appointed by New York’s Democratic governor, Kathy Hockle, in 2023.
Of these justices, only one was appointed by a Republican, Judge David Friedman, appointed by then-Governor George Pataki in 1999. All the others were appointed by Democratic governors.
However, the vast majority were appointed by former Governor Andrew Cuomo, including 14 judges appointed by now-defunct politicians. In addition to Judge Renwick, Judge Hokell appointed three other judges to the division; two were appointed by Judge David Patterson, who retired in 2010.
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Former President Trump is widely expected to appeal his New York criminal conviction later this week, taking the case to the New York Court of Appeals and possibly beyond. (Felipe Ramares for Fox News Digital)
That doesn’t mean the court will automatically rule against the former president. Trump and his legal team have filed lawsuits before the First Circuit, with some success this week. On Thursday, a five-judge panel of the First Circuit sided with Trump, clearing the way for his niece, Mary Trump, to sue.
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The five justices included Justices Sally Manzanet Daniels, Barbara Kapnick, Ellen Gesmer, Lynette Rosado and Friedman.
In their latest ruling, the justices upheld an earlier ruling, saying Trump has the right to sue his niece for violating a non-disclosure agreement that was part of a 2001 settlement with the estate of Fred Trump Sr., the former president’s father.
The court’s decision did not affect whether Trump’s lawsuit would succeed. His original lawsuit sought $100 million in damages from his niece. The court said Trump may still be able to secure the funds.
“At the very least, nominal damages may be awarded for breach of contract claims even in the absence of actual damages,” the court wrote.
Trump’s appeal is heading deeper into New York’s judicial system. (Donald Trump 2024 Election Campaign)
If Trump’s lawsuit makes it beyond the appeals court, it would go to the New York State Court of Appeals, which has seven justices — Shirley Trautman, Madeline Singas, Jenni Rivera, Rowan Wilson, Michael Garcia, Anthony Canataro and Caitlin Harrigan — all appointed by the Democratic governor.
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Trautman joined the Supreme Court in 2021 after being nominated by Hawkle, who also nominated Harrigan in April 2023. Singas, meanwhile, was nominated by Cuomo, who again holds a majority on the Supreme Court and has nominated Rivera in 2013, Garcia in 2016, Wilson in 2017 and Canataro in 2021.
If Trump still loses in those two courts, he could appeal to the U.S. Supreme Court, where six of the nine justices are Republican appointees, including three by Trump himself.
Former New York Gov. Andrew Cuomo was responsible for appointing five of the seven judges who will hear Trump’s cases on the New York Court of Appeals, and he has appointed 14 of the appeals court’s 21 judges. (AP Photo/Richard Drew, File)
Some legal experts have said the lawsuit filed by Manhattan District Attorney Alvin Bragg against Trump could be “irretrievably tainted” if appealed.
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“I believe that this case will ultimately be overturned in the state or federal system,” constitutional lawyer and Fox News contributor Jonathan Turley said Thursday. “But this was the worst possible prediction for a Manhattan trial,” he said. “I was hopeful that the jury would restore integrity to a system 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 added.
