There has been a lot of speculation on the sentencing. It will occur on July 11, and no one really knows. What most commentators suggest, is that the sentence will be “stayed” (put on hold) until after all appeals are exhausted, which is well after the November elections. So, unlike TV dramas, the defendant is not hauled away in handcuffs and sent to prison.

Similarly, no one really knows what Trump’s lawyers will put in the appeal, but I believe it will contain a long list of “reversible” errors. An excellent article on this is posted below from Politico. The manner in which misdemeanor crimes can become a felony charge, as provided in Judge Merchan’s instructions, is likely to be issue #1 for the Appellate Court to review.

The Politico article then goes on with issues #2 to #5. Issue #2 is Stormy Daniels testimony of the sordid details of her encounter with Trump in his bedroom. This was a violation of Judge Merchan’s order, and the defense argued for a mistrial, when after her testimony. There are likely other issues related to evidence presented during the trial. Anything defense objection which Merchan denied is ripe for review.

Issue #3 is the limitations place on one of Trump’s potential witnesses, Bradley Smith, an expert in election finance law. The judge ruled that Smith could not testify whether Trump had violated the election finance laws. The defense then decided not to call Smith.

Issues #4 and #5 are ones that will make Trump happy. It’s not that he can actually win on these issues but have them identified in an appeal gives them some appearance of credibility. Issue #4 is evidence that the Judge Merchan was conflicted, and should have recused himself. Issue #5 is that there should have been a change of venue, as this case involved federal election law, so it should never have been tried in the Manhattan courthouse.

Somewhere in the appeal, the name of Attorney Michael Colangelo might be slipped in, just for the conspiracy angle (a connection with DOJ). He was a senior DOJ attorney, very familiar with Trump’s finances, who was hired to by DA Alvin Bragg in help in the case against Trump. There has no connection between DOJ and the Manhattan office on this case.

See Politico link:

https://www.politico.com/news/2024/06/02/trump-conviction-appeal-juror-00161110

The Appellate Court will not only be looking at violations of the law, but also at the admissibility of evidence used to convict him.

I believe the appeal will not be submitted until mid August, and it will be a prime opportunity for Trump to be blasting away at the Department of Justice, the FBI, and the “Biden apparatus” in an attempt to stop him. I believe the appeal will begin with issues 4 and 5, that the trial should never had taken place (change of venue) and Merchan should never had been the judge. Trump’s team can load up the appeal with many issues that are frivolous, for political reasons.

Trump can ask for an expediated appeal – but I don’t think he will. He’s too concern he will lose the appeal before election.

– The Manhattan case Appeals Political Circus

Trump’s supporters will be talking about the “excellent” appeal, and how the quickly and inevitable, a reversal will be, by the court. They will not waste a minute on the details, and just see how fast they can get on Judge Pirro or Sean Hannity’s show on the Fox network. Trey Gowdy and others will lead the charge. Trump’s legal spokesperson, Alina Habba will also join the conspiracy fray, as Biden’s scheme to derail Trump’s candidacy has now been exposed in the appeal (which no one will actually read).

Expected the words “weaponize” and “lawfare” to be used so often, that any significance will be pounded into the ground by political pundits. For example, “Biden is committed to total lawfare. He has politized and weaponized the DOJ and FBI to go after his opponents. We won’t stand for it!” Follow this by “Send your checks to MAGA, PO address … .

This Manhattan DA office will issue a strong reply to the appeal. Commentators on CNN and MSNBC will quickly note the appeal is re-hashing settled disputes, and has a slim or no chance of winning.

Nothing is likely to be resolved by the Appellate Court until the November elections. Even if the Appellate Court did rule, Trump’s team would immediately request a review by a higher court. They could even petition the Supreme Court to take up the case, as a due process challenge.

I predict with Judge Merchan long experience as a judge dealing with cases in finance law, acted solely on the law and evidence in this case, so the jury’s verdict of guilty on all 34 counts will stand.

Stay tuned,

Dave