Q&A – Overturning Trump’s Conviction in the Stormy Daniels Case

Be prepared for this to take about another six months at a minimum with the potential for this to play out over the next couple of years based upon what happens from here.

Episode Transcript

Speaker 1 (00:04):
I have a question or topic you want to have addressed.

Speaker 2 (00:07):
Just ask.

Speaker 1 (00:08):
This is the Brian Mud Show Today's Q and A
overturning Trump's conviction in the Stormy Daniels case. This is
brought to you by listen Ashes check Mark collections. Each
day I feature a listener of questions sent by one
of these methods. You may email me Brian Mud at
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(00:28):
Mud Radio. You may also use the iHeartRadio talk back feature.
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a future Q and A just like this one.

Speaker 2 (00:50):
My two favorite people. I want to thank you so
much for your morning program where I know I hear
the truth. I'm so tired of hearing an and Trump
being called a felon. I'm wondering, Brian, if you have
any idea where he is and having that all overturned
so we don't have to hear people say any longer that, oh,

(01:14):
we have a felon in the White House.

Speaker 1 (01:16):
Well, first, thank you, thank you, I say, Brian.

Speaker 2 (01:20):
She she must have been following the Palm Beach County
Commission meeting this week where those TDS patients were going off.

Speaker 1 (01:27):
I don't want to drive by something named after that felon. Yeah, yeah,
kinds of stuff. Now, you're right. I do think that
probably did bring this back to the surface a bit.
And I really appreciate the kind of words as well.
We appreciate you, probably more than you even realize, So
so thank you for that and for the question and
an answer to it. I do, and I don't as

(01:47):
and I do know where we stand in the legal
process pretending to President Trump's effort to have his conviction
overturned in the New York State case pertaining to the
payment for a violated non disclosure agreement with Stormy Daniels
turned twenty sixteen election cycle. I don't have specific guidance
as to a timetable for when there may be resolution
to the matter, but I can tell you exactly what

(02:09):
has happened, where we are in the process, and what
the element is. So we'll do that The conviction came
down on May thirtieth of last year's has already been
over a year. The next action in the case did
not take place until earlier this year. It was on
January tenth, just ten days prior to President Trump being
sworn in once again as President of the United States,

(02:32):
that the presiding judge sentenced Trump to an unconditional discharge,
meaning that the case was closed and effectively the punishment
for Trump in this case was the process. There was
no additional punishment, but also, yes, the blemish of being
a convicted felon, a term that, as you noted, some

(02:52):
will still use.

Speaker 2 (02:53):
Now.

Speaker 1 (02:53):
Since the January tenth sentence completed the case, you've had
two developments. The first was on January twenty nine, when
President Trump's team filed a notice of appeal seeking to
overturn the conviction. The second was on June eleventh, when
the US Court of Appeals for the Second Circuit heard
the argument from Trump's legal team that the appeals process
should be moved from state courts in New York to

(03:16):
the federal court system. As was stated by Trump's attorney
in the appeal, the federal officer is entitled to a
federal forum not to have those arguments heard in state court.
And if that's true for a normal federal officer and
a normal criminal prosecution, and certainly ought to be true
for the President of the United States, and for what

(03:36):
we can all recognize is an anomalous one in a
one of a kind of prosecution. The State of New York, well,
they countered with this argument. They said, after sentencing, removal
is no longer available. So, in other words, the argument
is that the case would have had to have been
moved to a federal court prior to sentencing, but after sentencing,

(03:57):
while only state courts now can have have jurisdiction to
hear an appeal. Now, that's interesting in part because the
merits of whether it should have been moved to a
federal court was not the focus of the state's argument,
but rather a process argument. So notably, the payments that
were made by then Trump attorney Michael Cohen took place

(04:18):
while Trump was already president, and the timing of the
Supreme Court's really non presidential immunity last year, which effectively
ended the three other cases that are being attempted against him,
potentially buttresses his argument that the case was unconstitutionally brought
against him in the first place, let alone numerous arguments
that could be made about the way the trial was
conducted that arguably lacked proper process. So that's where we stand.

(04:41):
We're waiting for the Second Circuit Court to issue a
decision on the appeal that they heard last month. A
couple of points about this. There's no firm timetable for
next steps, as the court can take its time before
rendering a decision on the appeal. Historically, the Second Circuit
has taken twelve months from the time that they receive

(05:02):
a notice of appeal until the time that they render
a decision. So if that were to stick, remember that
first went down January twenty ninth, if they ended up
staying with their typical timetable and obviously not typical case,
but nevertheless, that would mean we may not hear anything
until next January. Now the court, regardless of what decision

(05:29):
they make, the next steps would look like this. The
court moves the case to federal court, where Trump's team
would argue for dismissal the case, or if that's the
night a vacated conviction. The court denies the motion and
the Trump team appeals to the United States Supreme Court,
where any number of possibilities would exist. The court could
choose to deny to hear the appeal in the in place,

(05:50):
the court could issue a dismissal the case, or they
could take up the case and further defind presidential immunity
as it applies to state cases. So, in other words,
you can be prepared for this about another six months
at a minimum, with the potential for this to play
out over who knows could be the next couple of years,
based upon what direction it does go from here. In
the meantime, you can continue to take solace in the

(06:11):
fact that Trump is president of the United States, which
was the ultimate verdict issued by the largest jury on Earth.