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New York appeals panel hears Trump conviction challenge

Published 5 November 2026

A five-judge New York appellate panel heard arguments Thursday on Donald Trump’s bid to overturn his conviction on 34 counts of falsifying business records. The Appellate Division, First Department, did not issue a ruling, leaving the conviction in place while the appeal proceeds. Trump’s lawyer Robert Giuffra argued that federal election law preempts the state prosecution. He also said presidential immunity barred the use at trial of testimony about White House discussions and Trump’s social media posts. The defense maintains that the evidence concerned official presidential conduct and that prosecutors relied on an improper combination of state and federal offenses. Manhattan prosecutors disputed those arguments. They said the state charges concerned falsified business records, not direct enforcement of federal election law, and that the White House-related evidence involved unofficial conduct. Prosecutors also argued that other evidence supported the jury’s verdict, regardless of whether some evidence should have been excluded. The panel questioned both sides during the hearing. Justice Troy Webber challenged the defense’s contention that the payments were tied to election...

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