The filing argues that the case transformed a routine non-disclosure agreement and internal accounting dispute into a criminal prosecution of unprecedented scope, driven less by established legal standards than by political context. According to the defense, this expansion of criminal liability risks setting a precedent in which prosecutorial discretion supplants statutory limits—particularly when the defendant is a political figure.
What distinguishes this appeal is its focus not on disputed facts, but on legal architecture. Trump’s attorneys are asking appellate judges to assess whether the theory underpinning the case aligns with constitutional safeguards, established criminal law, and long-standing norms governing prosecutorial restraint.