Trump’s lawyers argue to overturn hush money conviction

Donald Trump’s lawyers and Manhattan District Attorney Alvin Bragg’s lawyers were scheduled to argue on Nov. 5, 2026, before New York’s Appellate Division, First Department, over Trump’s 2024 conviction on 34 felony counts tied to falsified business records and a $130,000 payment to Stormy Daniels. CBS News reported the hearing was scheduled for Thursday; ABC News reported that a five-judge panel would hear the appeal. The reports do not establish whether the arguments concluded or whether the panel issued a decision.

Why Trump is challenging the conviction

Trump’s lawyers argue that presidential immunity should have shielded some evidence presented at trial and that prosecutors improperly applied New York law. They also contend that federal election law preempts the state prosecution. In a filing to the appeals court, the defense described the case as politically charged and asked that the conviction be reversed, ABC reported. CBS reported that Trump’s lawyers also argued the prosecution failed to establish an intent to defraud. Trump has denied the allegations and described the prosecution as a political witch hunt at sentencing, according to ABC.

What Manhattan prosecutors argue

Bragg’s lawyers say the conduct at issue was unofficial and outside presidential immunity, and that the conviction should stand. In a July brief, they characterized the plan as a conspiracy to defraud the public and government regulators. The defense, by contrast, says the case improperly reached conduct and evidence protected by federal law and presidential immunity. Those are the parties’ arguments before the appellate panel, not a ruling by the court.

Trump received an unconditional discharge after the conviction, ABC reported, citing the circumstances of his impending inauguration. The sentence left the conviction in place while imposing no further punishment. ABC said a majority of the five-judge panel would have to find that Trump was wrongfully convicted to reverse it. Both sides have indicated that the case could proceed to New York’s Court of Appeals and potentially the U.S. Supreme Court, CBS reported.