Fordham Law Prof. Cheryl Bader spoke with NBC Philadelphia to discuss how Trump may appeal criminal conviction.
Cheryl Bader, a clinical associate professor of law at Fordham University School of Law, said these motions are typical when a defendant is convicted. The defense attorneys will ask the judge to overturn the jury’s conviction. “It’s rarely, rarely granted, and I don’t think there’s a chance that will happen in this case,” she told us in a phone interview.
Bader, a former assistant U.S. attorney for the District of New Jersey, walked us through the appeals process. “The case is considered completed at sentencing,” she said. “At that point, his lawyers file a notice of appeal … letting the court know that he intends to appeal.”
At that point, they will also request a “stay” on the sentence, meaning a pause on imposing the sentence while the case is being appealed.
This appeal goes to the Appellate Division, First Judicial Department in Manhattan. The appeals court doesn’t retry the case. “They’re not going to substitute their judgment on the facts for the jury’s judgment,” Bader explained. Instead, “they’re looking for where there was error that would have led to an improper prosecution or an unfair trial.”
The appeals process would take several months to a year, she said. After the notice of appeal is given, the record of the case is gathered, including trial transcripts, the indictment, pretrial motions, evidentiary rulings, jury selection and instructions, and more. Trump could also appeal the sentencing. The lawyers need to write their arguments for all of the issues they’re objecting to, and that takes time, Bader said.
After such an appeal to the highest state court, the case would be over — unless Trump tries to appeal to the U.S. Supreme Court. But there has to be a U.S. constitutional issue for that. “I don’t see one,” Bader said, but perhaps Trump’s lawyers would try to make an argument.
Read “FactCheck: Q&A on Trump’s criminal conviction” on NBC Philadelphia.