Former President Donald Trump has turned to Sullivan & Cromwell—one of America’s most prestigious law firms—to spearhead a pivotal appeal in his criminal hush-money conviction case. The Manhattan-based team aims to move the case from state court to a federal forum, arguing his presidential immunity should have shielded key evidence.
🎯 Why This Case Matters
On May 30, 2024, Trump was found guilty on 34 felony counts of falsifying business records related to hush-money payments made to Stormy Daniels during the final stretch of the 2016 campaign. Despite receiving an unconditional discharge in January, the conviction still puts pressure on his legal and business standing—especially in New Jersey, where liquor licenses tied to his properties could be threatened.
🏛 The Move to Federal Court
At a recent hearing before the U.S. Second Circuit Court of Appeals in Manhattan, Sullivan & Cromwell attorneys—including co-chair Robert Giuffra and former Acting Solicitor General Jeff Wall—argued that Trump’s appeal involves presidential immunity and must be heard in federal court.
Wall stated, “Everything about this cries out for federal court,” emphasizing that immunity-related questions should be decided by federal judges or the Supreme Court—not a state court.
🛡 Key Arguments on Both Sides
Defense Points:
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The Supreme Court’s recent ruling on presidential immunity was issued after Trump’s verdict, potentially invalidating evidence.
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As a former president, Trump should have had the right to remove his case to federal court before sentencing.
Prosecutors' Response:
The Manhattan DA’s team contends the alleged offenses stem from private conduct unrelated to presidential duties. They also argue that the appeal is too late—state-to-federal removal must occur pre-sentencing.
👨⚖️ Sullivan & Cromwell's Legal Power
Sullivan & Cromwell, a 146-year-old firm generating roughly $2 billion annually, made its debut in Trump’s criminal appeal during this hearing—a strategic move led by Giuffra, Wall, James McDonald, Morgan Ratner, and Matthew Schwartz—all former Supreme Court clerks.
Giuffra brings significant clout from high-stakes litigation involving VW, Fiat Chrysler, and noted White House legal mediation . His involvement signals Trump’s intent to pursue every angle, backed by heavyweight legal muscle.
⏳ What’s at Stake
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Criminal Record Reversal: If the case transfers and goes back to state court, Trump could challenge the evidence under presidential immunity.
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Business Consequences: A successful appeal might protect his liquor licensing in New Jersey, which is directly affected by criminal titles.
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Legal Precedent: Granting removal could set a benchmark for how presidential immunity is applied, influencing the scope of legal protections for future presidents .
⚖️ What’s Next
A three-judge appellate panel—not yet showing direction—asked probing questions during the hearing. There's no immediate timeline for a ruling. However, Trump’s team has urged for speed, calling it “incredibly important” given the unique constitutional questions at play.
If denied, Trump can still escalate to the New York Court of Appeals or ultimately seek Supreme Court review. And if granted, the case proceeds in federal court—with Trump able to argue his conviction should be tossed under newly recognized presidential immunity.
