Honestly, it feels like a lifetime ago that we were all glued to those sketches from a Manhattan courtroom. But here we are in 2026, and the legal fallout from that historic trial is still very much alive. Even with Donald Trump back in the White House, those 34 felony convictions haven't just vanished into thin air.
He’s still a convicted felon. For now.
The trump appeal 34 felonies saga is a messy mix of state law, constitutional "immunity" theories, and high-stakes political maneuvering. If you’re confused about where it stands—between the "unconditional discharge" he received and the frantic filings in the New York appellate courts—you aren't alone. It’s a lot to keep track of.
The Verdict That Didn't Go Away
Back in May 2024, a jury found Trump guilty on every single count of falsifying business records in the first degree. The core of the case was those reimbursements to Michael Cohen, which the state argued were hidden to cover up hush money paid to Stormy Daniels.
Fast forward to January 2025. Just ten days before he was inaugurated for his second term, Judge Juan Merchan handed down a sentence of unconditional discharge.
Basically, it means no jail, no probation, and no fines. It’s the lightest sentence a judge can give. Merchan essentially admitted that trying to put a sitting President-elect behind bars or under supervision was a logistical and constitutional nightmare.
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But here’s the kicker: the conviction stays on his record. That’s why the appeal is so aggressive. Trump isn't fighting a prison sentence anymore; he’s fighting the "felon" label and the precedent the case set.
Why the Appeal is Taking Forever
Most people think an appeal is just a "do-over" of the trial. It’s not. It’s a technical audit of whether the judge messed up the rules. Trump's new legal team, now led by Robert J. Giuffra Jr. after his previous lawyers joined the administration, is throwing everything at the wall.
The timeline has been a crawl. We saw the formal 111-page appeal hit the New York Appellate Division late in 2025. It’s a massive document. It argues everything from Judge Merchan’s refusal to recuse himself over a $35 donation to the way the jury was instructed.
The "Immunity" Card: The Biggest Obstacle
The real heavy lifting in the trump appeal 34 felonies case revolves around the Supreme Court’s 2024 ruling on presidential immunity. Trump’s team argues that the jury heard evidence they never should have heard.
We’re talking about:
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- Testimony from White House aides like Hope Hicks.
- Official social media posts made while he was in the Oval Office.
- Government ethics forms.
The defense says these were "official acts" or at least "protected evidence" that the Supreme Court says can't be used in a criminal trial. Judge Merchan previously called this a "sliver" of the evidence and "harmless error," but federal courts are starting to chime in.
Just recently, in late 2025, the Second Circuit Court of Appeals told a federal judge in Manhattan to take another look at this. They weren't sure if the state trial properly separated the "private" stuff from the "official" stuff. This creates a weird dual-track: he’s appealing in the New York state system while simultaneously trying to move the whole mess into federal court to get it killed.
What Most People Get Wrong About the 34 Counts
There is a common misconception that if one count falls, they all fall. Not necessarily. Each of the 34 counts represents a specific document—an invoice, a ledger entry, or a check.
However, because they all rely on the same "intent to defraud" to cover up a secondary crime (violating election laws), a major legal error in how that secondary crime was defined could indeed topple the whole house of cards.
If the appellate court decides the jury instructions were flawed, they won't just say "you're innocent." They would likely vacate the conviction and order a new trial. And let's be real: the chances of the Manhattan DA trying to seat another jury to prosecute a sitting President in 2026 or 2027 are basically zero.
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The Strategy of Exhaustion
Trump’s legal team is playing the long game. They know that as long as the case is tied up in appeals, it remains in a state of limbo.
- State Appeal: They are currently waiting for the New York Appellate Division, First Department, to schedule oral arguments.
- Federal Removal: They are pushing the "Federal Officer Removal Statute," claiming the case belongs in federal court because it involves his time in office.
- Supreme Court: If the New York courts say no, you can bet your house this is headed to the U.S. Supreme Court.
Practical Realities for 2026
So, what does this actually mean for the country?
Honestly, on a day-to-day basis, not much. The "unconditional discharge" ensured that the presidency isn't being run from a cell. But the legal precedent is huge. If the conviction is overturned on "immunity" grounds, it effectively draws a massive circle around the President, making it nearly impossible for state prosecutors to ever use evidence from a President's time in office against them.
On the flip side, if the conviction stands, Trump remains a "convicted felon" throughout his entire second term. This has weird, niche consequences—like whether he can legally own a firearm or travel to certain countries with strict entry laws for felons (though, as President, he usually gets a pass).
Actionable Insights: What to Watch For
If you're tracking the trump appeal 34 felonies, stop looking for "guilty" or "not guilty." Start looking for these specific markers:
- The "Harmless Error" Ruling: Watch if the New York appeals court agrees with Merchan that the "official acts" evidence didn't change the outcome. If they disagree, the conviction is in serious trouble.
- The Second Circuit Decision: Keep an eye on Judge Hellerstein’s renewed review of the case. If he allows the case to be "removed" to federal court, the Manhattan DA effectively loses control of it.
- The SCOTUS Shadow: The Supreme Court has already declined to stop the sentencing, but they explicitly said the issues could be raised on appeal. They are waiting in the wings.
The next big moment will be the oral arguments in the New York Appellate Division. That’s where the judges will finally grill both sides in public. Until then, the 34 felonies remain a historic, albeit currently toothless, mark on the sitting President's record.
The most effective thing you can do to stay informed is to monitor the New York Court of Appeals (the state's highest court) and the U.S. Second Circuit dockets. These are the two venues where the final "death blow" or "salvation" for these convictions will likely be delivered.