Trump Files Appeal In Hush Money Trial To Overturn Denial Of Presidential Immunity

Former President Donald Trump on Wednesday filed an appeal against a ruling in his New York criminal trial that he can’t claim presidential immunity from prosecution.

Trump, the presumptive Republican presidential nominee in the 2024 election, has been indicted in New York on 34 state felony counts related to his alleged falsification of business records to conceal a payment to adult film actress Stormy Daniels regarding an alleged extramarital affair with her before he assumed the presidency. After Acting Justice Juan Merchan of the New York Supreme Court’s Trial Division ruled that Trump could not argue that he has presidential immunity from the charges, the former president petitioned the court’s Appellate Division to overturn that ruling as well as another denial by Merchan to recuse himself from the case.

The two-page notice of appeal and the accompanying petition request the Appellate Division to hold a hearing on the matter by May 6, according to CNN. They were filed by Trump’s attorney, Todd Blanche, and sealed from public view at the time of writing.

Trump’s trial in the case is set to begin on April 15 with jury selection. In the preceding days, he has filed multiple appeals against various rulings by Merchan, which the Appellate Division’s 1st Department has summarily denied.

In Trump’s other ongoing criminal proceedings, he has asserted presidential immunity against prosecution. The Supreme Court of the United States will hear Trump’s appeal against his federal indictment in Washington, D.C., on the grounds that he possesses such immunity after lower courts declined that claim.

It is unclear why the filing was sealed. Trump’s attorneys did not immediately respond to a request for comment.