Harvard Law Professor Alan Dershowitz said Friday that President Donald Trump’s legal team is preparing to move forward with an appeal of his conviction in the New York hush money case, despite no formal sentencing yet issued by the court.
Appearing on The Record with Greta Van Susteren on Newsmax, Dershowitz addressed questions about the current status of the case and the feasibility of appealing a conviction in the absence of a finalized sentence.
“The case is going to be appealed,” Dershowitz stated, pushing back on claims that the case has effectively been stalled.
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“Trump has hired Sullivan and Cromwell to be his lawyers to appeal the case,” he continued.
“He will go first to the appellate division, then to the Court of Appeals, and, ultimately, the Supreme Court. The case will be appealed.”
In January, the U.S. Supreme Court declined to intervene in the case. At the time, Judge Juan Merchan signaled he intended to issue an unconditional discharge, meaning no jail time, fines, or probation.
The unusual sentencing plan has led some to suggest that post-conviction proceedings have effectively been paused or sidelined.
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Dershowitz acknowledged the procedural complications involved but said they would not prevent an appeal from being pursued.
“He gave a sentence that was a non-sentence, but it’s enough to end the case and allow him to appeal,” Dershowitz explained.
“I don’t think the appeal has yet been filed. I don’t think the briefs have yet been filed, but there is, I think, a schedule now. And there will be an appeal.”
He noted that there remains a possibility that an appellate court might question its jurisdiction.
“Now, the Court may say, wait a minute, there was no sentence, so we have no jurisdiction,” Dershowitz said.
“But I don’t think that’s going to stop this appeal from being heard.”
Dershowitz strongly criticized the strength of the Manhattan District Attorney’s case.
“I think they’re going to handle the appeal. I think they’re going to reverse the conviction, and if they don’t reverse the conviction, a higher court will,” he said.
“This is the weakest case in my 60 years of practicing law I have ever seen.”
President Trump was convicted in May by a Manhattan jury on 34 felony counts related to falsifying business records.
The charges stemmed from a $130,000 payment to adult film actress Stormy Daniels in 2016.
Prosecutors argued that the payment and related documentation were intended to cover up an alleged affair and influence the outcome of the presidential election.
Trump has denied all wrongdoing and maintained that the payment was categorized correctly as a legal expense.
He joined the sentencing hearing remotely and issued a public statement following the verdict via his Truth Social platform.
In his post, Trump wrote, “The real Jury, the American People, have spoken, by Re-Electing me with an overwhelming MANDATE in one of the most consequential Elections in History.
As the American People have seen, this ‘case’ had no crime, no damages, no proof, no facts, no Law, only a highly conflicted Judge, a star witness who is a disbarred, disgraced, serial perjurer, and criminal Election Interference.”
The appeal process is expected to proceed through New York’s appellate courts before possibly reaching the U.S. Supreme Court. Trump’s legal team has not yet filed formal briefs but is reportedly preparing for the next phase of litigation.
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