At a Glance

• Trump's lawyers will argue Thursday before a New York appeals court to throw out his conviction.

• The appeal centers on legal theory, jury instructions, and presidential immunity.

• Trump is not expected to attend the session.

President Donald Trump's lawyers will try to persuade a New York appeals court on Thursday to overturn his hush money conviction, two years after the verdict made history.

Key Statements and Focus Area

• Trump's Lawyers on Immunity: "When a president addresses the nation to defend himself from allegations of personal misconduct (as all presidents do), or discusses such communications with his aides, he is carrying out his constitutional duties and is protected by immunity." — Robert Giuffra Jr., Trump's lawyer, in an October filing.

• Prosecutors' Response: "A president's discussions about a purely private matter, even with a White House advisor, do not constitute 'official acts for which the president is immune.'" — Steven Wu, Manhattan District Attorney's appeals chief, in a July filing.

• Focus Area: The appeal of Trump's 34-count conviction for falsifying business records and the legal arguments over evidence, immunity, and the case's foundation.

Trump was convicted in May 2024 on 34 felony counts of falsifying business records to hide a $130,000 payment to adult film performer Stormy Daniels. His lawyers call the prosecution's theory "a house of cards" resting on a shaky mix of alleged state and federal offenses, with "clearly insufficient" evidence and flawed jury instructions.

They also argue jurors should not have heard testimony about White House conversations, workflow, and first-term social media posts, saying his 2018 response to the Daniels matter was official conduct.

The first paragraph of one filing claims the case stemmed from "immense political pressure" on a Democratic prosecutor, echoing Trump's own public claims.

Manhattan District Attorney Alvin Bragg's office says the legal theory and instructions were sound and the White House evidence was fair game, describing some as public record, some as general office practices, and the conversations as "unofficial conduct." Wu also said there was "a mountain" of other evidence against Trump.

Prosecutors argue Trump orchestrated a conspiracy to keep unflattering information from voters, in violation of federal campaign finance laws, among others.

Trump's lawyers counter that evidence he knew of Michael Cohen's dealings at the time is "weak," that reimbursements to Cohen were legal expenses, and that any hush money was meant to spare his family embarrassment rather than serve as hidden campaign spending.

The distinction matters because falsifying records is a felony in New York only if done to commit or conceal another crime.

Separately, Trump is trying to move the case to federal court and have it dismissed on immunity grounds. A federal judge rejected that bid for the third time in August, and arguments on Trump's appeal of that ruling are set for November 16.

FYI

The May 2024 verdict made Trump the first former, and now current, US president with a criminal conviction. It did not prevent his return to the White House and carried no punishment. Daniels received the money from Trump's then-fixer and lawyer, Michael Cohen, weeks before the 2016 election, and Trump's company reimbursed Cohen in 2017. Trump denies any wrongdoing and says nothing sexual happened between him and Daniels.

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