Donald Trump’s attempt to overturn his hush-money conviction came before a five-judge New York appeals panel on Thursday, November 5. The judges heard arguments from both sides, with much of the discussion centering on the legal grounds for the charges and evidence presented at his original trial.
Trump was found guilty in May 2024 on 34 felony counts of falsifying business records. The case stemmed from a $130,000 payment to adult film actress Stormy Daniels before the 2016 presidential election. He has repeatedly denied wrongdoing and is still fighting the verdict.
One issue took up much of Thursday’s hearing: whether Manhattan prosecutors could rely on federal campaign finance law to support charges brought under state law. Prosecutors argued that the payment was part of an effort to keep damaging information from voters.
Trump’s lawyers question the legal basis for the conviction
Under New York law, falsifying business records becomes a felony when prosecutors establish that the defendant intended to commit or conceal another crime. Trump’s attorney, Robert Giuffra Jr., argued that Manhattan prosecutors could not use an alleged violation of federal election law to elevate the charges.
According to NBC, Steven Wu, the appeals chief for District Attorney Alvin Bragg’s office, pushed back. He said prosecutors weren’t trying to convict Trump of a federal campaign finance offense. They had cited the law to explain the alleged scheme behind the falsified records.
The judges also returned to testimony about Trump’s conversations with White House officials, including former communications director Hope Hicks. His lawyers argued that his handling of the Daniels controversy in 2018 involved official presidential duties and should have been protected by presidential immunity.
Wu disagreed, maintaining that the conversations reflected Trump’s personal views rather than official presidential conduct. He also argued that even if the trial judge had made mistakes in allowing the testimony, those errors were harmless because other evidence supported the verdict.
Justice Bahaati E. Pitt-Burke pressed him on that point. She questioned whether several evidentiary errors, each potentially harmless on its own, could collectively affect the fairness of the trial.
Trump faces another court battle over the case
His lawyers are also pursuing a separate challenge in federal court, seeking to have the case dismissed on presidential immunity grounds. A federal appeals hearing is scheduled for November 16, 2026.
The New York panel ended Thursday’s session without saying when it would issue a ruling. Trump remains convicted on all 34 counts as he awaits the outcome of the appeal.
Published: Nov 6, 2026 03:45 pm