Honestly, it’s the legal saga that just won't quit.
You’d think after a 2024 jury in Manhattan delivered a unanimous "guilty" on all 34 counts of falsifying business records, the story would be over. Done. Dusted. But here we are in 2026, and the Trump 34 felonies appeal is currently moving through the gears of the New York judicial system like a slow-motion wrecking ball.
If you’ve been following the headlines, you know the basics. Donald Trump became the first-ever former president—and now sitting president again—to be labeled a convicted felon. But if you think that label is permanent, you might want to look closer at the "immunity" loophole that is currently keeping New York prosecutors up at night.
The Immunity "Ghost" Haunting the Verdict
Basically, the whole case is being shaken by a Supreme Court ruling that happened after the trial was already over.
Last year, the U.S. Supreme Court decided that presidents have broad immunity for "official acts." At first glance, you’d think, "So what? Paying off a porn star isn't an official act." And you'd be right. But the problem isn't the act itself; it's the evidence the prosecution used to prove it.
During the trial, Alvin Bragg’s team called Hope Hicks to the stand. They talked about meetings in the Oval Office. They showed tweets Trump sent while he was the actual President.
📖 Related: The Galveston Hurricane 1900 Orphanage Story Is More Tragic Than You Realized
Under the new SCOTUS rules, that kind of evidence is often "off-limits." It’s like a "fruit of the poisonous tree" situation. If the jury heard things they weren't supposed to hear—official White House business used to prove a private crime—the whole conviction might be legally "tainted."
Why the DOJ Just Switched Sides (Sorta)
In a wild twist that's been making waves this month, the U.S. Department of Justice—now under the Trump administration—actually filed a "friend-of-the-court" brief. They aren't just staying neutral. They are actively telling the New York appeals court that the conviction should be tossed.
Their argument?
- The trial court ignored the Supreme Court’s immunity guidelines.
- The "Russian nesting doll" legal theory used by Bragg (turning a misdemeanor into a felony using federal election law) was preempted by federal authority.
- Having a sitting president under the thumb of a state-level felony conviction interferes with his ability to run the country.
It’s a massive flex of executive power. Trump’s lawyers, led by Todd Blanche, are arguing that the case was "politically charged" from day one. They’ve even pointed to Judge Juan Merchan’s $15 donation to a "Stop Republicans" group as a reason for a total reversal. Whether or not you think $15 is a big deal, in the world of high-stakes legal appeals, "appearance of bias" is a powerful weapon.
The "Unconditional Discharge" Mystery
Here is something kinda weird that most people missed: Trump was sentenced on January 10, 2025, just days before his second inauguration. But he didn't get prison time. He didn't even get probation.
👉 See also: Why the Air France Crash Toronto Miracle Still Changes How We Fly
Judge Merchan gave him an unconditional discharge.
That is basically the legal version of a "participation trophy." It means the conviction stands on his record, but there is no punishment attached. No fines, no jail, nothing.
So why keep fighting? Because as long as those 34 felonies are on the books, Trump is technically a "convicted felon." For a guy who built a brand on "winning," that’s a stain he wants bleached out before the 2028 cycle or his legacy is sealed.
The Most Likely Outcomes
Legal experts are split, but there are basically three paths this takes in 2026:
- The "Full Reverse": The New York Appellate Division agrees that the immunity evidence (like the Hope Hicks testimony) was a fatal error. They vacate the conviction and dismiss the charges. Trump walks away with a clean record.
- The "New Trial" Order: The court says the trial was unfair but the charges are valid. They order a new trial. But here’s the kicker: you can’t really put a sitting president on trial. This would effectively "pause" the case until 2029.
- The "Status Quo": The state court ignores the DOJ’s pressure and upholds the verdict. This almost guarantees a trip to the U.S. Supreme Court, where Trump likely has the home-field advantage.
Honestly, the Manhattan DA’s office is in a tough spot. Alvin Bragg has been pretty quiet lately, mostly because he’s up for re-election and the political winds have shifted. Even his supporters are wondering if the "hush money" case was the right hill to die on when the federal immunity wall is this high.
✨ Don't miss: Robert Hanssen: What Most People Get Wrong About the FBI's Most Damaging Spy
What You Should Watch For Next
If you want to know which way the wind is blowing, keep an eye on the Second Circuit Court of Appeals. While the state appeal is happening, Trump is also trying to move the whole thing to Federal Court. If he succeeds, he can essentially argue that the state of New York never had the right to touch him in the first place.
Practical Takeaways for the Legal Watcher:
- Check the "Official Acts" list: Look for rulings on whether the 2017 checks (signed in the White House) count as official duties.
- Monitor the DOJ filings: The tension between the state of New York and the Federal government is at an all-time high.
- Ignore the "Prison" Talk: Regardless of the appeal, the chance of Trump seeing a jail cell for these specific 34 counts is effectively zero at this point.
This isn't just about one man anymore. It's a massive test case for whether a local prosecutor can make a felony stick to a President when the Supreme Court has drawn a protective circle around the Oval Office. We’re watching history—and a lot of paperwork—in the making.
Next Steps for Staying Informed:
To track the specific filings in the New York Appellate Division, First Department, you can search for the case index IND-71543-23. Most major legal blogs like Lawfare or SCOTUSblog provide deep-dive breakdowns of the "official acts" evidence as each brief is unsealed.