You probably remember the headlines from 2024. Donald Trump, standing in a drab Manhattan courtroom, becoming the first former president convicted of a felony. 34 counts. Falsifying business records. It was everywhere. But then the 2024 election happened, he won, and suddenly the legal "wall" seemed to hit a massive speed bump.
Fast forward to January 2026. If you're looking for the trump felony appeal status, you're basically looking at a high-stakes game of legal chess that has moved from the trial floor to the upper echelons of the New York appellate system and the federal courts.
The Current State of the 34 Counts
Right now, Donald Trump is serving his second term as President, but he still carries the "felon" label from the Manhattan case. He hasn't forgotten about it. His legal team, now led by powerhouse attorney Robert Giuffra Jr. of Sullivan & Cromwell, is aggressively pushing to have the entire conviction wiped off the books.
Earlier this month, on January 10, 2025, Judge Juan Merchan sentenced Trump to an unconditional discharge. Basically, that means no jail, no probation, and no fines. It was the most lenient outcome possible. But—and this is a big "but"—the conviction itself stays on his record unless the appeals court says otherwise.
Trump’s team filed their formal, 111-page appeal in late October 2025. They aren't just saying he’s innocent; they’re arguing the whole trial was "constitutionally infirm" from the jump.
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Why the Immunity Ruling Changed Everything
You can't talk about the trump felony appeal status without talking about the Supreme Court’s 2024 decision on presidential immunity. This is the heart of the current fight.
Even though the "hush money" payments happened in 2016 before he was President, the prosecution used evidence from his actual presidency during the trial. We're talking about tweets he sent from the Oval Office, testimony from White House staffers like Hope Hicks, and official financial disclosure forms.
Trump's lawyers argue that under the SCOTUS ruling, this "official acts" evidence should have been strictly off-limits. They say the jury was "tainted" by seeing things they never should have seen. Judge Merchan previously disagreed, calling the evidence a "sliver" of the case and saying any error was "harmless." The appellate judges now have to decide if Merchan was right or if he completely missed the mark.
The Dual-Track Legal Battle
It’s getting complicated because there are actually two different courts looking at this at the same time.
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- The State Appeal: This is happening in New York's Appellate Division, First Department. This is where they are arguing about Judge Merchan’s refusal to recuse himself (because of his daughter's political work and his own small donations to Democrats) and the specific New York laws used to turn a misdemeanor into a felony.
- The Federal Intervention: Recently, the Second Circuit Court of Appeals (a federal court) handed Trump a significant win. They ordered a lower federal judge to take another look at whether the case should be moved to federal court entirely. If it moves to federal court, Trump has a much stronger path to getting it dismissed based on federal immunity grounds.
What Most People Get Wrong
A lot of people think that because he's President again, the case just disappears. Nope.
Because this is a state-level conviction, a president cannot pardon himself for it. The "pardon power" only applies to federal crimes. If the New York courts uphold the verdict, he remains a convicted felon throughout his presidency. That's why this appeal is so vital for him—it's the only way to "clean" his record.
Honestly, the timeline is anyone's guess. These courts don't move fast. We are likely looking at oral arguments in the New York appellate court later this spring, with a decision potentially coming in mid-to-late 2026.
Key Arguments in the 111-Page Brief
Trump’s lawyers aren't just throwing spaghetti at the wall. They have three main pillars:
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- Preemption: They argue that Manhattan DA Alvin Bragg used federal election issues to beef up a state charge, which they say is illegal because federal law "preempts" state law in that area.
- The "Zombie" Case: They claim the statute of limitations had actually expired and the prosecution used "legal gymnastics" to keep it alive.
- Bias: They are leaning hard into the idea that the trial's location (Manhattan, which voted overwhelmingly against Trump) and the judge's personal background made a fair trial impossible.
The Actionable Reality
So, what should you keep an eye on next?
The biggest "tell" will be the Second Circuit’s next move. If the federal courts decide to snatch the case away from New York state control, the conviction is as good as dead. The Manhattan DA's office is fighting this tooth and nail, arguing that the trial is over and it's too late to change courts.
If you’re tracking the trump felony appeal status for its impact on the 2026 midterms or the general political landscape, watch for the "Order List" from the New York Appellate Division.
Next Steps for Following the Case:
- Monitor the Second Circuit Docket: Look for the remand to Judge Hellerstein. His ruling on the "good cause" for moving the case to federal court will be the next major turning point.
- Check the New York First Department Calendar: They usually post their oral argument schedules a few weeks in advance. Once the case is "calendared," you'll know exactly when the final showdown begins.
- Ignore the "Self-Pardon" Rumors: Focus on the "CPLR" (New York's civil and criminal procedure rules) arguments, as those are the technicalities most likely to actually flip the result.
The legal drama didn't end with the "guilty" verdict in 2024. It just moved to a quieter, much more technical room where the stakes are arguably even higher for the sitting President.