Overview
- Trump’s attorneys filed a 96-page brief with New York’s Appellate Division, First Department, seeking to overturn his 34-count conviction for falsifying business records.
- The appeal argues prosecutors improperly used evidence of official presidential acts, including testimony from former aide Hope Hicks and Trump’s White House-era statements.
- Trump contends Judge Juan Merchan should have recused over small-dollar Democratic donations and his daughter’s work, though an ethics advisory previously said recusal wasn’t required.
- The brief challenges the DA’s felony theory as preempted by federal election law, disputes jury instructions and unanimity on the alleged “unlawful means,” and questions the sufficiency of the evidence.
- A separate bid to move the case to federal court is pending, and the Manhattan DA’s office will have an opportunity to respond as the appellate process proceeds.