Key takeaways
- A five-judge panel of New York's Appellate Division heard oral arguments on November 5, 2026, in Donald Trump's attempt to overturn his 34-count hush money conviction.
- Trump's lawyers argue that jurors saw evidence protected by presidential immunity and that federal campaign finance law preempts the prosecution's theory.
- The Manhattan District Attorney's office counters that falsifying business records is a routinely prosecuted crime and that the conduct was unofficial and private.
- No ruling was announced at the hearing, and a separate appeal over moving the case to federal court is set for argument on November 16, 2026.
A five-judge panel of a New York state appeals court heard arguments on Thursday, November 5, 2026, in the Trump hush money appeal, President Donald Trump’s effort to overturn his 2024 conviction on 34 felony counts. According to the Associated Press, Trump did not attend, and the panel questioned both sides closely. The hearing came two days after midterm elections in which Republicans suffered widespread losses, and no decision was issued from the bench.
The case made Trump the only U.S. president convicted of a crime. A Manhattan jury found him guilty of falsifying business records over reimbursements to his former lawyer, Michael Cohen, for a $130,000 payment to adult film performer Stormy Daniels before the 2016 election, according to ABC News.
What did Trump argue in the hush money appeal?
Trump’s lawyers asked the First Department of the Appellate Division of the New York State Supreme Court to reverse the verdict, ABC News reported. Their written appeal argues that the trial judge should have recused himself, that part of the trial should have been shielded by presidential immunity, and that prosecutors stretched New York law to target Trump.
The Hill reported that Trump contends jurors improperly saw evidence covered by presidential immunity and that the prosecution’s theory is preempted by federal campaign finance law. In court, Trump lawyer Robert Giuffra Jr. told the panel that state prosecutors have no place tying a case to a federal election law, according to the Associated Press.
In their filings, the lawyers also call the case the “most politically charged prosecution in our Nation’s history,” according to a report syndicated by Yahoo News. Trump has denied wrongdoing and has long described the prosecution as politically motivated.
What did Manhattan prosecutors say?
The Manhattan District Attorney’s office rejects the immunity argument. Prosecutors say falsifying business records is a routinely prosecuted crime and that the charges stem from Trump’s unofficial conduct, not his presidential duties, according to the Yahoo News summary of the briefs. They also say the evidence of guilt was overwhelming even without any material that immunity could cover.
On the federal law question, the district attorney’s office says the payment was meant to keep unflattering information from voters before the 2016 election and amounted to an illegal campaign contribution under the Federal Election Campaign Act, per the Associated Press. At the hearing, Justice Troy Webber asked whether prosecutors rely on that act to prove the records charge. Prosecutors answered that they are not prosecuting a federal offense. They said the election law violation is a fact that drove what they describe as a conspiracy leading to false records, the AP reported.
What is at stake in the Trump hush money appeal?
ABC News reported that Trump must persuade a majority of the five-judge panel that he was wrongfully convicted. If he succeeds, the court could vacate the verdict. That would remove the distinction of being the only U.S. president convicted of a crime. If the panel upholds the conviction, Trump could pursue further review in New York’s higher courts, though the sources reviewed do not describe the next procedural steps.
Bloomberg Law noted the political backdrop: Trump arrives in court after an election that Bloomberg described as a rebuke of his policies, and he is again on the offensive, this time before a panel of judges. Democrats have regained control of Congress, a shift covered in Intington Report’s analysis of the market reaction to the Democratic midterm sweep, though the appeal itself turns on legal questions rather than electoral ones.
Is there a separate federal court track?
Yes. Trump has separately tried to move the case to federal court and have it dismissed on immunity grounds, according to the Associated Press. A federal judge rejected that request for the third time in August, and Trump’s attorneys are appealing that decision. Arguments in that appeal are scheduled for November 16, 2026, per the AP. The Hill reported that the federal push is being handled separately and has so far fallen flat.
The two tracks matter because a state appellate ruling and a federal ruling could, in principle, arrive on different timelines. The sources do not indicate when either court will decide.
What to watch
- The written decision: The Appellate Division did not announce a ruling on November 5, 2026, and no date for a decision has been reported. Appellate panels typically issue written opinions after oral argument.
- November 16, 2026: Oral arguments in Trump’s appeal of the federal judge’s refusal to move the case out of state court.
- The immunity question: Whether the panel signals, in any opinion, that it views the contested evidence as covered by presidential immunity.
- The federal election law question: Whether the court accepts the prosecution’s account of how the Federal Election Campaign Act fits into the records charge.
- Further appeals: Whichever side loses may seek review in a higher court.
Frequently asked questions
What is Trump appealing in the hush money case?
Trump is appealing his May 2024 conviction on 34 felony counts of falsifying business records in New York. The charges relate to reimbursements for a $130,000 payment to Stormy Daniels before the 2016 election. His lawyers argue immunity, recusal and federal election law grounds for reversal, according to ABC News.
When was the Trump hush money appeal argued?
Oral arguments were held on Thursday, November 5, 2026, before a five-judge panel of the Appellate Division's First Department in Manhattan, according to ABC News and the Associated Press. Trump did not attend. No ruling was announced at the hearing, and no decision date has been reported.
What is the second Trump appeal scheduled for November 16, 2026?
It is a separate appeal over Trump's effort to move the case to federal court. The Associated Press reported that a federal judge refused the request for the third time in August. Trump's attorneys are challenging that decision, and arguments on that appeal are set for November 16, 2026.
Sources
- Judges to hear Trump's appeal of 2024 criminal hush money conviction
- Trump's lawyers appear before appeals court as he fights hush money conviction (AP)
- Trump's lawyers appear before appeals court as he fights hush money conviction (AP via AOL)
- Trump seeks to erase first criminal conviction of a US president (AP)
- Watch live: New York appeals court weighs Donald Trump's bid to toss conviction in hush money case
- Trump Finally Heads to Court to Overturn Hush-Money Conviction
- Judges to hear Trump's appeal of 2024 criminal hush money conviction (Yahoo News)
- Trump's Lawyers Ask Appeals Court To Overturn Hush Money Conviction (Yahoo News)
Top image: aismallard / Wikimedia Commons (CC BY-SA 3.0)
This article was produced by the Intelligence Report Desk. Sources are linked below.
