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What’s next after Trump’s conviction in his “hush money” trial? How he might appeal the verdict
Washington — Former President Donald Trump’s historic conviction on 34 felony counts of falsifying business records brought to an end the trial stage of the case stemming from a “hush money” payment made to adult film star Stormy Daniels in 2016. But it marks the beginning of a potentially lengthy appeals process that could take years to unfold.
A jury of 12 New Yorkers found Trump guilty on all counts, handing down a landmark verdict Wednesday that marks the first time a former U.S. president has been convicted of a crime. The jury deliberated for less than 10 hours after the six-week trial that included testimony from 22 witnesses and saw Trump held in contempt of court for violating a gag order 10 times.
Justice Juan Merchan is set to sentence the former president on July 11, four days before the start of the Republican National Convention where Trump is set to receive the party’s nomination for president. Trump could face up to four years in prison and a $5,000 fine for each of the 34 counts, but Merchan has wide discretion in imposing a sentence.
The former president and Todd Blanche, his lead defense attorney, have vowed to challenge the conviction. Under state law, they have 30 days from the date of sentencing to file a written notice of appeal with the New York Supreme Court, and six months to file their full appeal.
The appeals process
“We think an appeal has a lot of merit. We think we’re going to win on appeal,” Blanche told CBS News chief election and campaign correspondent Robert Costa on Friday.
The case brought by Manhattan District Attorney Alvin Bragg was filed in the New York Supreme Court, the trial court. The conviction will be appealed to the Appellate Division, First Judicial Department. After the Appellate Division rules, the losing party can then ask the Court of Appeals, New York’s highest-level court, to review the adverse ruling from the lower court.
In order for the case to land before the U.S. Supreme Court, Trump and his lawyers would have to raise a federal question during the appeals process.
“At the end of the day, a defense lawyer or defense team, after receiving a pretty devastating verdict, guilty on every single count, you will take every possible approach to try to win an appeal,” said Jason Berland, who worked as a prosecutor in the Manhattan District Attorney’s Office for eight years. “If you take the kitchen-sink approach and throw enough hooks out there, the court has to hang their hat on one hook.”
Possible grounds for appeal
Blanche previewed some of the “key” issues they plan to raise on appeal in his interview with CBS News, including the statute of limitations for the charges; Manhattan as the venue for trying the case; the structure of the prosecution; and whether Merchan should have recused himself. Merchan donated $35 to Democratic causes during the 2020 election cycle and his daughter worked for a Democratic consulting firm, but he rejected requests by Trump to step aside from the case.
“This is an unprecedented case, no matter what anybody on either side of the aisle says about it. This has never happened before in the history of our country,” Blanche said. “I don’t just mean bringing an indictment against the former president. I mean, the nature of these charges, how long ago this conduct happened. You have a misdemeanor that becomes a felony with another crime. The other crime is another state misdemeanor.”
Prosecutors had argued that Trump unlawfully falsified business records with the intent to conceal or commit another crime, which elevated the charges to felonies. They said that other crime was a conspiracy to violate state election law, a novel legal theory that hadn’t been raised before. Prosecutors then pointed to three possible “unlawful means” by which state election law was broken: tax law violations, falsification of other business records or violations of a federal elections law.
Jurors did not have to unanimously agree on the type of “unlawful means.” They did have to find that Trump caused the business records to be altered and that he did so to cover up or commit a separate crime.
“Can you use a state election law for a federal candidate, and can you use a federal election law in a state prosecution?” Jessica Levinson, CBS News legal contributor, said of the “live issues” for appeal.
Blanche told CNN in a separate interview Thursday night that he could also raise the publicity surrounding witnesses and the trial proceedings.
“Our system of justice isn’t supposed to be a system where every person that walks in the courtroom knows about the case,” Blanche said Thursday.
The jury included one member who said they get their news from Truth Social, the platform owned by Trump, and X, formerly known as Twitter. Another juror said their media consumption includes Fox News.
Blanche also said he could take issue with Daniels’ testimony on appeal. She provided graphic details while testifying about an alleged sexual encounter with Trump in 2006, which he denied. Blanche moved for a mistrial after Daniels testified, arguing she went too far, but Merchan denied the request. The judge acknowledged that “there were some things that are probably better left unsaid,” but said he was “surprised” there were not more objections from the defense.
Berland, the former prosecutor, predicted Trump’s team will challenge the timing of the trial, which came just months before the presidential election. He also said they could look at whether certain evidence was improperly admitted or excluded, and whether Merchan abused his discretion in certain rulings during the trial.
Caroline Polisi, a criminal defense attorney, told “CBS Mornings” that Trump’s legal team could raise issues on both the legal side and how the trial played out.
On the structure of the case, she said there could be due process concerns in terms of a criminal defendant “being put on notice with what exactly he or she is being charged with.” While the indictment and statement of facts lists the 34 counts and the business records associated with each, neither specified the “unlawful means” through which state election law was violated.
Any hopes for a quick resolution — or one before the Nov. 5 election — are likely to be dashed, since appeals move slowly through the New York courts. Polisi pointed to the case against disgraced Hollywood producer Harvey Weinstein, whose conviction was overturned by New York’s highest court last month. That decision came four years after he was convicted of rape in the third degree and criminal sexual act in the first degree.
“It’s a long road,” she said. “The wheels of justice move slowly.”
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Sen. Tammy Duckworth says Pete Hegseth is “flat-out wrong” about women in combat roles
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Sen. Duckworth says Trump defense secretary pick is “flat-out wrong” about women in combat roles
Democratic Sen. Tammy Duckworth said Sunday that Pete Hegseth, President-elect Donald Trump’s pick for defense secretary is “flat-out wrong” in his view that women should not serve in the military in combat roles.
“Our military could not go to war without the women who wear this uniform,” Duckworth said on “Face the Nation with Margaret Brennan.” “And frankly, America’s daughters are just as capable of defending liberty and freedom as her sons.”
Trump tapped Hegseth, a former Fox News host and Army veteran who served in Iraq and Afghanistan as his pick to head the Defense Department earlier this month. The 44-year-old has drawn criticism for his stance on women in combat roles, along with his level of experience.
Duckworth, who in 2004 deployed to Iraq as a Blackhawk helicopter pilot and sustained severe injuries when her helicopter was hit by an RPG, outlined that women who serve in combat roles have met the same standards as men, passing rigorous testing. She said Hegseth’s position “just shows his lack of understanding of where our military is,” while arguing that he’s “inordinately unqualified for the position.”
“Our military could not go to war without the 220,000-plus women who serve in uniform,” Duckworth said. She added that having women in the military “does make us more effective, does make us more lethal.”
Hegseth has also drawn scrutiny amid recently unearthed details about an investigation into an alleged sexual assault in 2017. Hegseth denies the allegation and characterized the incident as a consensual encounter. The Monterey County district attorney’s office declined to file charges as none were “supported by proof beyond a reasonable doubt.” His lawyer has acknowledged that Hegseth paid a confidential financial settlement to the woman out of concern that the allegation would jeopardize his employment.
Duckworth, an Illinois Democrat who serves on the Armed Services and Foreign Relations Committees, said it’s “really troubling” that Trump would nominate someone who “has admitted that he’s paid off a victim who has claimed rape allegations against him.”
“This is not the kind of person you want to lead the Department of Defense,” she added.
The comments come after Trump announced a slew of picks for top posts in his administration in recent days. Meanwhile, one pick — former Rep. Matt Gaetz for attorney general — has already withdrawn his name from consideration after he faced intense scrutiny amid a House Ethics Committee investigation and a tenuous path to Senate confirmation.
While Duckworth acknowledged that she’s glad her Senate Republicans “held the line” on Gaetz and also elected Sen. John Thune as leader over a candidate favored by many in Trump’s orbit, she said she’s “deeply concerned” her Republican colleagues will green light Trump’s nominees.
“From what I’m hearing from my Republican colleagues on everything from defense secretary to other posts, it sounds like they are ready to roll over for Mr. Trump,” Duckworth said.
But Duckworth didn’t rule out supporting some of the nominees herself during the Senate confirmation process, pledged to evaluate each candidate based on their ability to do the job, and their willingness to put the needs of the American people before “a retribution campaign for Mr. Trump.”
Meanwhile, a CBS News poll released on Sunday found that 33% of Americans say Hegseth is a “good choice” for defense secretary, including 64% of Trump voters. But 39% of Americans said they hadn’t heard enough yet about the pick. More broadly, Americans generally say they want Trump to appoint people who’ll speak their minds and who have experience in the field or agency they’ll run.
Sen. Rand Paul, a Kentucky Republican who also appeared on “Face the Nation” on Sunday, said he believes that Hegseth can run the massive Defense Department, despite his lack of experience managing a large organization. Though he did not address Hegseth’s comments about women in combat roles, Paul said he believes the “vast majority of people” support leaders who are picked based on merit, citing Hegseth’s criticism of the Pentagon for what he says has been a move away from merit-based hiring and toward hiring based on “racial characteristics.”
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Israeli strike kills Lebanese soldier as Hezbollah fires at least 185 rockets at Israel
Hezbollah fired at least 185 rockets and other projectiles into Israel on Sunday, wounding seven people in the militant group’s heaviest barrage in several days, in response to deadly Israeli strikes in Beirut while negotiators pressed on with cease-fire efforts to halt the war.
Meanwhile, an Israeli strike on a Lebanese army center killed one soldier and wounded 18 others on the southwestern coastal road between Tyre and Naqoura, Lebanon’s military said. Israel’s military expressed regret and said the strike occurred in an area of combat against Hezbollah, adding that its operations are directed solely against the militants. The strike was under review.
Israeli strikes have killed over 40 Lebanese troops since the start of the war between Israel and Hezbollah, even as Lebanon’s military has largely kept to the sidelines.
Lebanon’s caretaker prime minister, Najib Mikati, condemned it as an assault on U.S.-led cease-fire efforts, calling it a “direct, bloody message rejecting all efforts and ongoing contacts” to end the war.
“(Israel is) again writing in Lebanese blood a brazen rejection of the solution that is being discussed,” a statement from his office read.
The strike occurred in southwestern Lebanon on the coastal road between Tyre and Naqoura, where there has been heavy fighting between Israel and Hezbollah.
Hezbollah began firing rockets, missiles and drones into Israel after Hamas’ Oct. 7, 2023, attack out of the Gaza Strip ignited the war there. Hezbollah has portrayed the attacks as an act of solidarity with the Palestinians and Hamas. Iran supports both armed groups.
Israel has launched retaliatory airstrikes since the rocket fire began, and in September the low-level conflict erupted into all-out war, as Israel launched waves of airstrikes across large parts of Lebanon and killed Hezbollah’s top leader, Hassan Nasrallah, and several of his top commanders.
Hezbollah fired a total of around 160 rockets and other projectiles into Israel on Sunday, some of which were intercepted, the Israeli military said.
Israel’s Magen David Adom rescue service said it was treating two people in the central city of Petah Tikva, a 23-year-old man who was lightly wounded by a blast and a 70-year-old woman suffering from smoke inhalation from a car that caught fire. The first responders said they treated three other people in northern Israel, closer to the border, including a 60-year-old man in serious condition.
It was unclear whether the injuries and damage were caused by the rockets or interceptors.
Israeli airstrikes early Saturday pounded central Beirut, killing at least 20 people and wounding 66, according to Lebanon’s Health Ministry.
Israeli attacks have killed more than 3,500 people in Lebanon, according to Lebanon’s Health Ministry. The fighting has displaced about 1.2 million people, or a quarter of Lebanon’s population.
On the Israeli side, about 90 soldiers and nearly 50 civilians have been killed by bombardments in northern Israel and in battle following Israel’s ground invasion in early October. Around 60,000 Israelis have been displaced from the country’s north.
The Biden administration has spent months trying to broker a cease-fire, and U.S. envoy Amos Hochstein was back in the region last week.
The European Union’s top diplomat called for more pressure on both Israel and Hezbollah to reach a deal, saying one was “pending with a final agreement from the Israeli government.”
Josep Borrell spoke Sunday after meeting with Mikati and Lebanese Parliament Speaker Nabih Berri, a Hezbollah ally who has been mediating with the group.
Borrell said the EU is ready to allocate 200 million euros ($208m) to assist the Lebanese military, which would deploy additional forces to the south.
The emerging agreement would pave the way for the withdrawal of Hezbollah militants and Israeli troops from southern Lebanon below the Litani River in accordance with the U.N. Security Council resolution that ended the 2006 war. Lebanese troops would patrol the area, with the presence of U.N. peacekeepers.
Lebanon’s army reflects the religious diversity of the country and is respected as a national institution, but it does not have the military capability to impose its will on Hezbollah or resist Israel’s invasion.