FOR THE APPELLEE
Dean of the UC Berkeley School of Law
FOR THE APPELLANT
Trial Attorney; Adjunct Law Professor at Cornell Law School
JUDGE’S CHAIR
Host and Moderator-in-Chief
This week:
- A new Mock Trial: Could Trump succeed in appealing his hush money conviction?
- A closer look at the impact of his conviction
- Your Sunday reading list
In May, former U.S. president Donald Trump was convicted of 34 felony counts of falsifying business records in the first degree. These business records were related to the allegations that his 2016 election campaign sought to benefit from the $130,000 payment of hush money to adult film star Stormy Daniels through Trump’s former lawyer Michael Cohen, who was later reimbursed for the expense. As the 2024 election is now being framed by Democrats as a “Prosecutor vs. Convicted Felon” race, this week in our mock trial installment, we look at Trump’s case in New York and debate whether his conviction could stand.
Trump said from the beginning that he would appeal, and now his team is asking that the case be thrown out on new grounds. A landmark Supreme Court decision surrounding presidential immunity added fuel to the fire. The Supreme Court ruled that while he was in office, Trump was “entitled to at least presumptive immunity from prosecution for his official acts.” This could apply to evidence presented in the hush money case if the court considers his actions “official.”
His sentencing was delayed to September 18 to account for New York Judge Merchan’s expected ruling on whether the case’s evidence constituted official actions and whether it influenced the jury’s verdict. Trump’s team may also base an appeal on other issues, including the following: they may allege that Stormy Daniels’s testimony was prejudicial, that the instructions made to the jury are problematic, and that Judge Merchan should have recused himself.
But those who believe the ruling was fair and followed the rule of law point out that even the Supreme Court said the President is not above the law. They also worry about the type of legal precedent that would be set if the case was thrown out or overturned, especially in terms of possible misinterpretation of SCOTUS’s ruling.
Should his conviction stand? Does presidential immunity apply in this case? Give your verdict as the jury now and listen to the debate on Apple Podcasts, Spotify, and YouTube. As always, let us know what you think.
DEBATING THE DATA
Are Americans willing to elect a convicted felon?
POINT/COUNTERPOINT
Should Trump’s Conviction Stand?
YES: Erwin Chemerinsky
“After a five-week trial, a jury in New York convicted Donald Trump on 34 felony counts… No one, not even a former president, is above the law. How likely is it that the appellate court will reverse the convictions? It’s incredibly unlikely. The appellate court in New York reverses convictions only four to six percent of the time. And here, where the evidence is so overwhelming, where the jury on all 34 counts is unanimous, it’s clear that the convictions will be affirmed. There is no basis for reversal.”
NO: Randy Zelin
“Before you strip me of my freedom, I am entitled to know what offense I’ve committed… Donald Trump deserved the same procedural and substantive due process that the Constitution guarantees to all. Those constitutional rights, in Mr. Trump’s case, were given the week off. [The opposing side contends] they don’t apply to him, and that he doesn’t need to be informed why the charges had been elevated from a misdemeanor… This verdict is unconstitutional. This verdict should be fired.”
WEEKLY POINTS OF VIEW
David Leonhardt | July 19, 2024
The New York Times
Watch David’s debate on whether the American Dream is in decline
‘Greatest Bubble’ Nearing Its Peak, Says Black Swan Manager
Spencer Jakab | July 19, 2024
The Wall Street Journal
Watch Spencer’s debate on whether small investors can beat the street
How Nancy Pelosi Got This Done
Jill Filipovic | July 22, 2024
Slate
Watch Jill’s debate on whether Millennials will be left behind
A 40-year Bipartisan Tech Policy Success Story
Roslyn Layton | July 19, 2024
ProMarket
Watch Roslyn’s debate on whether Europe has declared war on American tech companies
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