After Trump is sentenced, he can challenge his conviction in an appellate division of the state’s trial court and possibly, the state’s highest court. Trump’s lawyers have already been laying the groundwork for appeals with objections to the charges and rulings at trial.
The defense has accused the judge of bias, citing his daughter’s work heading a firm whose clients have included President Joe Biden, Vice President Kamala Harris and other Democrats. The judge refused the defense’s request to remove himself from the case, saying he was certain of his “ability to be fair and impartial.”
Trump’s lawyers may also raise on appeal the judge’s ruling limiting the testimony of a potential defense expert witness. The defense wanted to call Bradley Smith, a Republican law professor who served on the Federal Election Commission, to rebut the prosecution’s contention that the hush money payments amounted to campaign-finance violations.
But the defense ended up not having him testify after the judge ruled he could give general background on the FEC but couldn’t interpret how federal campaign finance laws apply to the facts of Trump’s case or opine on whether Trump’s alleged actions violate those laws. There are often guardrails around expert testimony on legal matters, on the basis that it’s up to a judge — not an expert hired by one side or the other — to instruct jurors on applicable laws.
The defense may also argue that jurors were improperly allowed to hear sometimes graphic testimony from porn actor Stormy Daniels about her alleged sexual encounter with him in 2006. The defense unsuccessfully pushed for a mistrial over the tawdry details prosecutors elicited from Daniels.
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