President Donald Trump has appealed his criminal conviction in the New York hush-money case, filing documents that argue the trial was unjust and politically motivated. The appeal aims to reverse the 34 felony counts for falsifying business records, from a May 2024 verdict.
The appeal was formally submitted on October 28, 2025, to the New York Appellate Division, First Department, by Trump’s legal team from the law firm Sullivan & Cromwell. In their filing, they described the prosecution as “the most politically charged in our nation’s history” and asserted that the case should never have gone to trial. They argued that Manhattan District Attorney Alvin Bragg, a Democrat, brought the charges in the midst of a contentious presidential election where Trump was the leading Republican candidate, making the proceedings unprecedented.
Trump was convicted after a six-week trial in spring 2024, where a Manhattan jury found him guilty on all counts related to a scheme to conceal a $130,000 payment to adult film actress Stormy Daniels. The payment, arranged by his former lawyer Michael Cohen, was intended to suppress allegations of an affair ahead of the 2016 presidential election. Trump reimbursed Cohen in monthly installments that were fraudulently recorded as legal expenses, which prosecutors said amounted to election interference by hiding information from voters.
Central to the appeal is the argument that the trial was “fatally marred” by the introduction of evidence that should have been excluded under presidential immunity. Trump’s lawyers cited a Supreme Court ruling that limits the use of a president’s “official acts” in criminal cases, claiming that testimony from figures like former communications director Hope Hicks and evidence from Trump’s Twitter account were improperly considered by the jury. They contend that this evidence stemmed from Trump’s first presidency and should have been protected, undermining the fairness of the trial.
Additionally, the appeal challenges the impartiality of Judge Juan Merchan, pointing to his $15 donation to President Joe Biden’s 2020 campaign and other small donations to Democratic-aligned organizations. Before the trial, the New York State Advisory Committee on Judicial Ethics had concluded that these did not create a conflict, but Trump’s team argues it demonstrates bias. Judge Merchan oversaw the trial and later sentenced Trump to an unconditional discharge, the lightest possible punishment under New York law, which involved no prison time or fines.
The sentencing in December 2024 saw Judge Merchan impose an unconditional discharge, meaning Trump faced no incarceration or financial penalties. The judge stated this was the “only lawful sentence” to prevent encroaching upon the presidency as Trump was about to be inaugurated. This decision highlighted the unique circumstances of prosecuting a sitting or former president, even as Trump denied the charges and any wrongdoing throughout the process, maintaining his innocence.
The hush-money case has been deeply intertwined with Trump’s political career, occurring during his re-election campaign. Prosecutors alleged that disguising the payments was a form of election interference, while Trump and his supporters have consistently framed the case as a political attack. The appeal now places the matter before an appellate court that recently showed leniency by overturning a $500 million civil fraud penalty against Trump in a separate case, suggesting a possible favorable outcome.
Looking ahead, the appellate court’s decision could set important precedents for presidential immunity and the legal accountability of presidents. The outcome may impact Trump’s political future and ongoing legal battles, with the process likely to extend for months. As the case progresses, it remains a focal point in the broader debate over the intersection of law and politics in the United States, shaping public perception and legal standards for years to come.