August 22, 2025

Elric the Blade says he's no longer sure that Trump will have the right to appeal in the NY fraud case:
Yesterday, I thought that Trump had an appeal as of right on the fraud liability, based upon news reports that cited the second opinion as declining to find in favor of liability. That would give Trump at least 2 dissenting judges for an appeal as of right.

But now, after seeing the actual decisions, I'm not so sure. Sorry, guys. I've never seen or heard of what the second opinion did. They dissented, but ... decided not to dissent? I'm not sure what the effect is in terms of whether Trump has a right to appeal. I doubt anyone does.

I think even if Trump doesn't have a right of appeal, the Court of Appeals (NY's highest court) will take the case. But ... it's a liberal court so who knows how they'll rule.

I have the docket number so I can track what gets appealed to the Court of Appeals. If Trump wants to appeal, I think he might file an appeal as of right and a petition for permission to appeal. His lawyers know this case much better than I, but even they might know what the effect of all the opinions are.

I don't think they'll take the appeal. Judges are lazy and cowardly and will duck any hot potato case they can. These judges are also liberal hacks, and do not want to deliver Trump a full victory.

Posted by Ace at August 22, 2025 01:30 PM
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