\
  The most prestigious law school admissions discussion board in the world.
BackRefresh Options Favorite

Sullivan & Cromwell, on behalf of DJT, gapes the criminal conviction

it's nearly comical to read S&C's utter destruction of t...
judgmental ratface
  10/28/25
reminder cons: 12-person unanimous convictions on 34 separat...
Misanthropic Wine University Water Buffalo
  10/28/25
reminder: lmao you are the retarded antifa pumo who is stupi...
Aphrodisiac trailer park
  10/28/25
no one? i'm assuming that the appellate court will pick on...
judgmental ratface
  10/28/25
reminder cons: 12-person unanimous convictions on 34 separat...
Misanthropic Wine University Water Buffalo
  10/28/25
Apparently Trump loves Bob Guiffra now. It's a hot topic wit...
Titillating deranged knife
  10/28/25
justified text. wtf various orphaned lines of paragraphs ...
federal dopamine
  10/28/25
Date: October 28th, 2025 5:19 PM Author: ...,,..;...,,..,.....
Titillating deranged knife
  10/28/25
?
federal dopamine
  10/28/25
gbti
disturbing honey-headed azn indirect expression
  10/28/25
Grow a beard. This is how "versus" cases tradition...
Titillating deranged knife
  10/28/25
rofl serious? i don't do NY staTTTe court
federal dopamine
  10/28/25
People v. Sin,
A Game of "
  11/06/25
What font is that?
glassy gunner
  10/28/25
is it century (Not century schoolbook)
federal dopamine
  10/28/25
Pursuant to N.Y.C.R.R. § 1250.8(j), the foregoing brief...
Zombie-like passionate institution
  10/28/25
Ty
glassy gunner
  10/28/25
wow i called the century above. rate me
federal dopamine
  10/28/25
165 at best for not just scrolling to the end of the brief t...
Zombie-like passionate institution
  10/28/25
that's generous. in hindsight, pretty low iq not to check th...
federal dopamine
  10/28/25
Scholarship
Gaped boyish party of the first part
  10/28/25
reminder cons: 12-person unanimous convictions on 34 separat...
Misanthropic Wine University Water Buffalo
  10/28/25
Printed on recycled paper
stirring senate partner
  10/28/25
...
disturbing honey-headed azn indirect expression
  10/28/25
pretty devastating argument, not surprising given what a clo...
Zombie-like passionate institution
  10/28/25
...
judgmental ratface
  10/28/25
First, on the topic of Justice Merchan’s improper poli...
judgmental ratface
  10/28/25
reminder cons: 12-person unanimous convictions on 34 separat...
Misanthropic Wine University Water Buffalo
  10/28/25
I think not.
judgmental ratface
  10/28/25
reminder: lmao you are the retarded antifa pumo who is stupi...
Aphrodisiac trailer park
  10/28/25
I mean, you could have put this fact pattern on a first year...
Learning Disabled Corn Cake Dog Poop
  10/28/25
...
Concupiscible Primrose Deer Antler Crackhouse
  10/28/25
reminder cons: 12-person unanimous convictions on 34 separat...
Misanthropic Wine University Water Buffalo
  10/28/25
reminder: the 34 "felonies" are literally that he ...
Learning Disabled Corn Cake Dog Poop
  10/28/25
Wasn’t each juror allowed to choose their own theory?
judgmental ratface
  10/28/25
The crime was the journal entries. However, that's a misdeme...
Learning Disabled Corn Cake Dog Poop
  10/28/25
It’s more fun for the jury that way
Territorial low-t nursing home prole
  10/28/25
...
Talented Disgusting Parlour
  10/28/25
...
Aphrodisiac trailer park
  10/28/25
Goosebumps: Choose Your Own Legal Theory
disturbing honey-headed azn indirect expression
  10/28/25
Jesus Christ...and this is what shitlibs are hanging their h...
gibberish (?)
  11/06/25
reminder cons: 12-person unanimous convictions on 34 separat...
Misanthropic Wine University Water Buffalo
  10/28/25
reminder: lmao you are the retarded antifa pumo who is stupi...
Aphrodisiac trailer park
  10/28/25
seems pretty rigorous and fun to write
trip fear-inspiring people who are hurt bbw
  10/28/25
This is a brutal beat down. I don't envy the guy who has to ...
embarrassed to the bone mexican
  10/28/25
amazing
Aphrodisiac trailer park
  10/28/25
Another item they don't get into here but should be discusse...
Learning Disabled Corn Cake Dog Poop
  10/28/25
...
judgmental ratface
  10/28/25
Amazing
gibberish (?)
  11/06/25
holy shit https://www.sullcrom.com/Lawyers/Morgan-L-Ratne...
Razzle-dazzle mischievous doctorate
  10/28/25
...
trip fear-inspiring people who are hurt bbw
  10/28/25
Roberts and Kav? Fear the turtle.
judgmental ratface
  10/28/25
...
Aphrodisiac trailer park
  10/30/25
Zurich, does she swing?
Territorial low-t nursing home prole
  10/30/25
Haha shit - I forgot that all these records were made AFTER ...
Learning Disabled Corn Cake Dog Poop
  10/28/25
Wait wasn’t the theory that the designation was to win...
judgmental ratface
  10/28/25
weird ruling from 2nd Circuit. trump twice tried to remo...
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
  11/06/25
LOHIER, CARNEY, and PÉREZ, Circuit Judges. In March ...
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
  11/06/25
I don't think I've ever seen a statement of questions presen...
~~(> ' ' )>
  11/06/25


Poast new message in this thread



Reply Favorite

Date: October 28th, 2025 5:00 PM
Author: judgmental ratface

it's nearly comical to read S&C's utter destruction of the criminal case against Trump.

https://static.politico.com/8b/9e/8663b7e849cf87d9220333fb3a36/2025-00648-people-of-the-state-of-v-people-of-the-state-of-appellant-s-brief-66.pdf

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382732)



Reply Favorite

Date: October 28th, 2025 6:07 PM
Author: Misanthropic Wine University Water Buffalo

reminder cons: 12-person unanimous convictions on 34 separate felony charges including two confirmed Trumpmo jurors. That’s 408 guilty votes.

prediction: you guys are gonna be disappointed with the outcome

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382896)



Reply Favorite

Date: October 28th, 2025 7:32 PM
Author: Aphrodisiac trailer park

reminder: lmao you are the retarded antifa pumo who is stupider than wlmas and nyuug lol

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383134)



Reply Favorite

Date: October 28th, 2025 5:15 PM
Author: judgmental ratface

no one?

i'm assuming that the appellate court will pick one deadly flaw in the prosecution and leave it at that.

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382761)



Reply Favorite

Date: October 28th, 2025 6:07 PM
Author: Misanthropic Wine University Water Buffalo

reminder cons: 12-person unanimous convictions on 34 separate felony charges including two confirmed Trumpmo jurors. That’s 408 guilty votes.

prediction: you guys are gonna be disappointed with the outcome

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382897)



Reply Favorite

Date: October 28th, 2025 5:17 PM
Author: Titillating deranged knife

Apparently Trump loves Bob Guiffra now. It's a hot topic within S&C.

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382769)



Reply Favorite

Date: October 28th, 2025 5:19 PM
Author: federal dopamine

justified text. wtf

various orphaned lines of paragraphs

unitalicized v. in many case cites. wtf

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382776)



Reply Favorite

Date: October 28th, 2025 5:22 PM
Author: Titillating deranged knife

Date: October 28th, 2025 5:19 PM

Author: ...,,..;...,,..,..,...,,,;..,

justified text. wtf

various orphaned lines of paragraphs

unitalicized v. in many case cites. wtf

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2#49382776)

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382788)



Reply Favorite

Date: October 28th, 2025 5:23 PM
Author: federal dopamine

?

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382791)



Reply Favorite

Date: October 28th, 2025 6:00 PM
Author: disturbing honey-headed azn indirect expression

gbti

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382890)



Reply Favorite

Date: October 28th, 2025 5:29 PM
Author: Titillating deranged knife

Grow a beard. This is how "versus" cases traditionally are cited in the NY appellate courts.



(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382804)



Reply Favorite

Date: October 28th, 2025 7:18 PM
Author: federal dopamine

rofl serious? i don't do NY staTTTe court

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383097)



Reply Favorite

Date: November 6th, 2025 9:10 PM
Author: A Game of "

People v. Sin,

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49408860)



Reply Favorite

Date: October 28th, 2025 5:19 PM
Author: glassy gunner

What font is that?

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382778)



Reply Favorite

Date: October 28th, 2025 5:20 PM
Author: federal dopamine

is it century (Not century schoolbook)

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382783)



Reply Favorite

Date: October 28th, 2025 5:33 PM
Author: Zombie-like passionate institution

Pursuant to N.Y.C.R.R. § 1250.8(j), the foregoing brief was

prepared on a computer using Microsoft Word. A proportionally spaced

typeface was used as follows:

Name of Typeface: CenturyExpd BT

Point Size: 14

Line Spacing: Double

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382807)



Reply Favorite

Date: October 28th, 2025 5:41 PM
Author: glassy gunner

Ty

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382843)



Reply Favorite

Date: October 28th, 2025 7:19 PM
Author: federal dopamine

wow i called the century above. rate me

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383098)



Reply Favorite

Date: October 28th, 2025 7:21 PM
Author: Zombie-like passionate institution

165 at best for not just scrolling to the end of the brief to find out

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383102)



Reply Favorite

Date: October 28th, 2025 7:27 PM
Author: federal dopamine

that's generous. in hindsight, pretty low iq not to check the certificate

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383120)



Reply Favorite

Date: October 28th, 2025 5:24 PM
Author: Gaped boyish party of the first part

Scholarship

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382792)



Reply Favorite

Date: October 28th, 2025 6:07 PM
Author: Misanthropic Wine University Water Buffalo

reminder cons: 12-person unanimous convictions on 34 separate felony charges including two confirmed Trumpmo jurors. That’s 408 guilty votes.

prediction: you guys are gonna be disappointed with the outcome

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382898)



Reply Favorite

Date: October 28th, 2025 5:31 PM
Author: stirring senate partner

Printed on recycled paper

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382806)



Reply Favorite

Date: October 28th, 2025 6:00 PM
Author: disturbing honey-headed azn indirect expression



(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382887)



Reply Favorite

Date: October 28th, 2025 5:33 PM
Author: Zombie-like passionate institution

pretty devastating argument, not surprising given what a clown show that trial was. seems like it will be hard for the appellate court not to overturn on at least one of those grounds.

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382809)



Reply Favorite

Date: October 28th, 2025 5:40 PM
Author: judgmental ratface



(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382837)



Reply Favorite

Date: October 28th, 2025 5:41 PM
Author: judgmental ratface

First, on the topic of Justice Merchan’s improper political contributions,

the Committee made two points. It first stated that “none” of the

contributions at issue “was made to the defendant or the prosecutor or anyone

else involved in the case.” A405. That logic is hard to understand. If

contributions to President Trump’s 2020 campaign would have been

disqualifying, as the Committee seemed to imply, then surely a contribution

directly against him—to his opponent in both the 2020 and 2024 Presidential

94

campaigns—should have been disqualifying as well. There is little doubt that

DANY would have cried foul if Justice Merchan had donated $35 to President

Trump’s 2020 campaign, and rightly so.

The Committee also reasoned that Justice Merchan’s contributions were

made “more than two years” before the indictment, and that the Committee

“seldom require[s] disqualification . . . for more than two years.” A405. But

the Committee’s two citations for this supposed two-year statute of limitations

were not remotely on-point. The first was an ethics opinion requiring judges

to disclose (for two years) the fact of their having attended an attorney’s

wedding as a guest. See Opinion 22-138. The second was an opinion requiring

judges to recuse from any case involving an attorney who personally

represented the judge (in the preceding two years). See Opinion 22-183. The

Committee did not explain how either situation is analogous. More

importantly, the judicial code’s written provision forbidding political

contributions—a provision the Committee did not cite—contains no time limit,

let alone a time limit of only two years for Presidential campaigns, which of

course take place every four years.

Second, the Committee was not apprised of all of the troubling additional

facts bearing on Justice Merchan’s neutrality. The Committee’s opinion

95

merely referred to Ms. Merchan as a “high-ranking officer” and employee of

Authentic Campaigns, rather than part-owner with a direct financial interest

in the company. A405. At the time of the opinion, President Trump had not

yet uncovered Authentic’s advertisements specifically discussing DANY’s

prosecution. Thus, the Committee was under the misimpression that

Authentic would not do “any work referencing or affected by the criminal

charges at issue here.” A306. As explained at pp. 90-91, supra, that was not

accurate. Nor did the Committee address or analyze Justice Merchan’s

improper conduct with Weisselberg in the separate case against the Trump

Organization.

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382842)



Reply Favorite

Date: October 28th, 2025 6:08 PM
Author: Misanthropic Wine University Water Buffalo

reminder cons: 12-person unanimous convictions on 34 separate felony charges including two confirmed Trumpmo jurors. That’s 408 guilty votes.

prediction: you guys are gonna be disappointed with the outcome

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382899)



Reply Favorite

Date: October 28th, 2025 6:33 PM
Author: judgmental ratface

I think not.

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382967)



Reply Favorite

Date: October 28th, 2025 7:34 PM
Author: Aphrodisiac trailer park

reminder: lmao you are the retarded antifa pumo who is stupider than wlmas and nyuug lol

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383141)



Reply Favorite

Date: October 28th, 2025 5:44 PM
Author: Learning Disabled Corn Cake Dog Poop

I mean, you could have put this fact pattern on a first year exam and the students would still be typing as time ran up.

I haven't read the argument yet but if you remember, this was a case even the NYT said was based on dubious legal arguements - before it actually went forward and all libs fell in line.

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382852)



Reply Favorite

Date: October 28th, 2025 5:45 PM
Author: Concupiscible Primrose Deer Antler Crackhouse



(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382853)



Reply Favorite

Date: October 28th, 2025 6:08 PM
Author: Misanthropic Wine University Water Buffalo

reminder cons: 12-person unanimous convictions on 34 separate felony charges including two confirmed Trumpmo jurors. That’s 408 guilty votes.

prediction: you guys are gonna be disappointed with the outcome

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382901)



Reply Favorite

Date: October 28th, 2025 6:31 PM
Author: Learning Disabled Corn Cake Dog Poop

reminder: the 34 "felonies" are literally that he wrote "legal expenses" instead of "hush money payments" 34 times in his own private ledgers that were relied on by no one but him

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382960)



Reply Favorite

Date: October 28th, 2025 6:36 PM
Author: judgmental ratface

Wasn’t each juror allowed to choose their own theory?

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382971)



Reply Favorite

Date: October 28th, 2025 6:37 PM
Author: Learning Disabled Corn Cake Dog Poop

The crime was the journal entries. However, that's a misdemeanor where the statue of limiations had expired.

To get it to a felony, you had to say it was done in furtherance of a crime. This is where the court dubiously allowed each juror to choose their own legal theory (even if their legal theory didn't make sense).



(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382977)



Reply Favorite

Date: October 28th, 2025 6:47 PM
Author: Territorial low-t nursing home prole

It’s more fun for the jury that way

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383004)



Reply Favorite

Date: October 28th, 2025 7:22 PM
Author: Talented Disgusting Parlour



(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383107)



Reply Favorite

Date: October 28th, 2025 7:34 PM
Author: Aphrodisiac trailer park



(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383143)



Reply Favorite

Date: October 28th, 2025 8:59 PM
Author: disturbing honey-headed azn indirect expression

Goosebumps: Choose Your Own Legal Theory

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383476)



Reply Favorite

Date: November 6th, 2025 7:42 PM
Author: gibberish (?)

Jesus Christ...and this is what shitlibs are hanging their hats on? That's embarrassing.

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49408653)



Reply Favorite

Date: October 28th, 2025 6:06 PM
Author: Misanthropic Wine University Water Buffalo

reminder cons: 12-person unanimous convictions on 34 separate felony charges including two confirmed Trumpmo jurors. That’s 408 guilty votes.

prediction: you guys are gonna be disappointed with the outcome

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382894)



Reply Favorite

Date: October 28th, 2025 7:35 PM
Author: Aphrodisiac trailer park

reminder: lmao you are the retarded antifa pumo who is stupider than wlmas and nyuug lol

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383145)



Reply Favorite

Date: October 28th, 2025 6:36 PM
Author: trip fear-inspiring people who are hurt bbw

seems pretty rigorous and fun to write

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49382973)



Reply Favorite

Date: October 28th, 2025 7:43 PM
Author: embarrassed to the bone mexican

This is a brutal beat down. I don't envy the guy who has to respond to that.

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383172)



Reply Favorite

Date: October 28th, 2025 8:20 PM
Author: Aphrodisiac trailer park

amazing

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383313)



Reply Favorite

Date: October 28th, 2025 8:32 PM
Author: Learning Disabled Corn Cake Dog Poop

Another item they don't get into here but should be discussed more is:

(i) it's totally legal for Trump to make these payments

(ii) Trump, as the candidate, was able to donate an infinite amount of money to his own campaign

(iii) Trump gave this task to his lawyer and marked it as legal expenses

So this whole thing relies on the dubious theory that Trump is responsible for Cohen, a barred attorney, fucking up and taking perfectly legal transactions and making them illegal.

Not to mention that you also would've had to prove that these were campaign expenses in the first place (which they weren't).

But again, the court wildly decided that you didn't have to prove that the second crime was a crime - just that the jury thought it was for a crime in their opinion...

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383359)



Reply Favorite

Date: October 28th, 2025 8:39 PM
Author: judgmental ratface



(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383391)



Reply Favorite

Date: November 6th, 2025 7:42 PM
Author: gibberish (?)

Amazing

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49408658)



Reply Favorite

Date: October 28th, 2025 8:39 PM
Author: Razzle-dazzle mischievous doctorate

holy shit

https://www.sullcrom.com/Lawyers/Morgan-L-Ratner

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383392)



Reply Favorite

Date: October 28th, 2025 8:40 PM
Author: trip fear-inspiring people who are hurt bbw



(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383395)



Reply Favorite

Date: October 28th, 2025 8:42 PM
Author: judgmental ratface

Roberts and Kav? Fear the turtle.

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383405)



Reply Favorite

Date: October 30th, 2025 7:23 AM
Author: Aphrodisiac trailer park



(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49387200)



Reply Favorite

Date: October 30th, 2025 10:45 AM
Author: Territorial low-t nursing home prole

Zurich, does she swing?

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49387582)



Reply Favorite

Date: October 28th, 2025 8:43 PM
Author: Learning Disabled Corn Cake Dog Poop

Haha shit - I forgot that all these records were made AFTER the election.

Jfc this was fraud upon fraud on the court.

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383408)



Reply Favorite

Date: October 28th, 2025 9:02 PM
Author: judgmental ratface

Wait wasn’t the theory that the designation was to win the election? But the election was already over? Did the DANY argue that the designation would use a Time Machine to go back and affect the election?

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49383491)



Reply Favorite

Date: November 6th, 2025 7:15 PM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,


weird ruling from 2nd Circuit.

trump twice tried to remove his NY criminal matter to federal court. the first time got shot down. the second one was after the SCOTUS ruling on presidential immunity and it got shot down too. but the 2nd Circuit kinda just shat the USDC judge who denied the removal and they ordered him to reconsider in light of governing law.

so what the fuck happens at this point if the USDC grants the removal or if he denies at and the 2nd Circuit reverses him?

https://storage.courtlistener.com/recap/gov.uscourts.ca2.c95c060a-7c1c-465e-ad55-c66a4c162941/gov.uscourts.ca2.c95c060a-7c1c-465e-ad55-c66a4c162941.104.1.pdf

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49408556)



Reply Favorite

Date: November 6th, 2025 7:16 PM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,


LOHIER, CARNEY, and PÉREZ, Circuit Judges.

In March 2023, a New York State grand jury indicted then-former

President Donald J. Trump on thirty-four counts of falsifying business records in

the first degree. The indictment alleged that Trump orchestrated an illegal

scheme to influence the 2016 presidential election by directing his personal

lawyer to pay $130,000 to an adult film star to prevent her from publicly

revealing a sexual encounter with Trump. Trump sought to remove the criminal

case against him to federal court, relying on the federal officer removal statute,

28 U.S.C. § 1442(a)(1). The District Court remanded the case after determining

that it did not fall within the scope of § 1442(a)(1). Following a state court jury

trial, Trump was convicted on all counts. After Trump’s conviction but prior to

sentencing, the United States Supreme Court issued its presidential immunity

decision in Trump v. United States, 603 U.S. 593 (2024). Trump thereafter sought

leave to file a second, untimely notice of removal pursuant to § 1442(a)(1) and 28

U.S.C. § 1455(b), which establishes the procedure for removal of criminal

prosecutions and requires that the defendant show “good cause” for an order

granting leave to file a late notice of removal. Trump argued principally that the

Supreme Court’s intervening decision in Trump v. United States rendered the

State’s prosecution one “relating to” his official acts as President such that the

case was now removable and established good cause for his untimely filing. The

District Court denied leave, concluding, among other things, that “good cause”

had not been shown for the delay in seeking removal a second time. We cannot

be confident that in doing so, the District Court adequately considered issues

relevant to the good cause inquiry so as to enable meaningful appellate review.

Those issues include but are not limited to the impact of Trump v. United States on

the removability of the underlying state prosecution. For example, the District

Court did not consider whether certain evidence admitted during the state court

trial relates to immunized official acts or, if so, whether evidentiary immunity

transformed the State’s case into one that relates to acts under color of the

Presidency. Nor did the District Court consider whether any notice of removal

of a criminal prosecution under § 1455(b)(1) must be filed before trial even if new

grounds for removal arise during or after trial. We therefore VACATE the

District Court’s order denying Trump’s motion for leave to file a second notice of

removal and REMAND for reconsideration of the motion consistent with this

opinion.

STEVEN C. WU (John T. Hughes, on the brief), for Alvin L.

Bragg, Jr., District Attorney for New York County, New

York, NY, for Plaintiff-Appellee.

JEFFREY B. WALL, Sullivan & Cromwell LLP,

Washington, DC (Morgan L. Ratner, Sullivan &

Cromwell LLP, Washington, DC, Robert J. Giuffra, Jr.,

Matthew A. Schwartz, James M. McDonald, Sullivan &

Cromwell LLP, New York, NY, on the brief), for

Defendant-Appellant.



(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49408561)



Reply Favorite

Date: November 6th, 2025 7:29 PM
Author: ~~(> ' ' )>

I don't think I've ever seen a statement of questions presented that answers itself with something like, "Answer: Yes."

(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2...id.#49408613)