What awaits Trump if he appeals New York conviction

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The Brewer Group CEO Jack Brewer joined 'FOX & Friends' to discuss his reaction to Trump's conviction and how he remains hopeful that God will turn the situation into a positive one for the Trump family and the country. 

Former President Trump is widely expected to appeal his conviction in his New York criminal trial after this week, launching the case to the New York appeals courts and potentially beyond.

Trump's appeal would send the case to the First Judicial Department of New York's Appellate Division, a group of 21 justices. The presiding justice is Dianne Renwick, who was appointed by Democratic New York Gov. Kathy Hochul in 2023.

Of those justices, just one was appointed by a Republican: Justice David Friedman, who was appointed in 1999 by then-Gov. George Pataki. Each of the others was appointed by a Democratic governor.

A sizable majority were appointed by former Gov. Andrew Cuomo, however, with 14 justices owing their appointments to the now-disgraced politician. Hochul has appointed three justices to the division in addition to Renwick. Two were appointed by David Paterson, who left office in 2010.

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Former President Trump is widely expected to appeal his conviction in his New York criminal trial after this week, launching the case to the New York appeals courts and potentially beyond. (Felipe Ramales for Fox News Digital)

This does not mean that the court will automatically be stacked against the former president. Trump and his legal team have presented cases to the First Department before, and as recently as this week they have had some success. On Thursday, a five-judge panel from the First Department sided with Trump in a ruling clearing the way for him to sue his niece, Mary Trump.

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The five judges included Associate Justices Sallie Manzanet-Daniels, Barbara Kapnick, Ellen Gesmer, Linet Rosado and Friedman.

The judges upheld a prior ruling with their decision, saying that Trump has standing to sue his niece for breaching confidentiality agreements made in a 2001 settlement over the estate of Fred Trump Sr., the former president's father.

The court's ruling had no impact on whether Trump's lawsuit will be successful. His original lawsuit called for his niece to hand over $100 million in damages. The court says he may still be successful in securing funds.

"At a minimum, nominal damages may still be available on the breach of contract claim even in the absence of actual damages," the court wrote.

Trump appeals are headed deeper into New York state's legal system. (Donald Trump 2024 campaign)

If Trump's case goes beyond the Appellate Division, it would head to the New York State Court of Appeals. That court includes seven judges, all of whom were appointed by a Democratic governor: Shirley Troutman, Madeline Singas, Jenny Rivera, Rowan Wilson, Michael Garcia, Anthony Cannataro and Caitlan Halligan.

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Troutman joined the court after a nomination from Hochul in 2021. Hochul also nominated Halligan in April 2023. Meanwhile, Singas received her nomination from Cuomo. Cuomo is once again responsible for a majority of the court's members, nominating Rivera in 2013, Garcia in 2016, Wilson in 2017 and Cannataro in 2021.

Should Trump remain unsuccessful through those two courts, he could try to have his appeal heard by the U.S. Supreme Court, of which six out of nine justices were appointed by Republicans — three by Trump himself.

Former New York Gov. Andrew Cuomo is responsible for nominating five of the seven judges who would handle Trump's case in the New York State Court of Appeals. He also appointed 14 of the 21 justices in the appellate division. (AP Photo/Richard Drew, File)

Some legal experts say the case brought against Trump by Manhattan District Attorney Alvin Bragg will have "reversible problems" when appealed.

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"I believe that the case will be reversed eventually either in the state or federal systems," Jonathan Turley, constitutional law attorney and Fox News contributor, said Thursday. "However, this was the worst expectation for a trial in Manhattan," he said. "I had hoped that the jurors might redeem the integrity of a system that has been used for political purposes." 

"The trial is a target rich environment for appeal. However, that appeal will stretch beyond the election. In the meantime, Democrats and President Biden can add ‘convicted felon’ to the political mantra," he added.