Trump Lawyers Urge Appeals Court to Overturn Hush-Money Conviction

On Nov. 5, 2026, Donald Trump’s lawyers urged a five-judge panel of New York’s Appellate Division, First Department, to overturn his May 2024 conviction on 34 felony counts of falsifying business records tied to reimbursements for a $130,000 payment Michael Cohen made to Stormy Daniels weeks before the 2016 election; Trump’s company logged the 2017 repayments as legal expenses. Trump did not attend. Each side had 15 minutes. The panel did not rule immediately. Robert Giuffra Jr. called prosecutors’ use of federal campaign-finance law 'the most obvious ground for reversal.' Justice Troy Webber asked Steven Wu whether the office relied on FECA to prove the records charges; Wu answered 'Only partially,' saying it was important to show the purpose was to conceal that conspiracy. Prosecutors have argued Trump 'orchestrated a conspiracy'; Wu also wrote there was 'a mountain' of other evidence and that discussions of a purely private matter are not immune official acts. Giuffra has written that a president addressing the nation or aides about personal-misconduct allegations is carrying out constitutional duties and is protected by immunity. Trump received an unconditional discharge in January 2025. A separate federal removal bid was rejected Aug. 28; arguments there are set for Nov. 16. Higher-court review remains possible.