Did Trump just get his NY criminal conviction tossed out?

Second Circuit Court of Appeals remanded a decision back to the district court on whether or not the case should have been moved to federal court.

There are a variety of angles Trump's legal team could have taken to overturn the Alvin Bragg fiasco of a criminal case against Trump. Not sure that the concept of jurisdiction is the most glamorous or the most vindicating manner in which he could have used. But it may be the legal maneuver that actually overturns the conviction.

At issue was whether or not the court errored in not moving the case out of the state jurisdiction once it had been established that parts of what the charges and parts of the evidence being brought was going to involve actions that he took as President. The argument was that portions of the actions being charged had been declared legally protected under the controversial 2024 USSC decision (Trump v. United States ) that provided limited liability for a variety of Presidential actions, and the state court was not the correct place to litigate these issues. A similar argument could be made when Judge Juan Merchan decided to give jury instructions regarding the Federal laws on campaign finance that ran in direct conflict with what the Federal Elections Commission determined at a Federal level.

Obviously, Judge Merchan and the original District Court Judge denied the request for a change in venue. But the Second Circuit Court of Appeals determined that the original district court judge errored in that ruling. They vacated and remanded the case back to the District Court to reconsider based on the criteria that they are setting forth. While this is not a direct overturn of the decision, it is an invitation for the District Court Judge to do what is now considered legally correct and rule that Trump should have been granted a change in venue. In case you are wondering, the three judge appellate panel was made up of two Obama and one Biden judge. So take that as you will.

While it is still possible that the District Judge will try to figure out another means to argue with the appellate court here, ultimately it is likely that the decision will come back that Judge Merchan should have provided Trump with the change in venue request and that him being tried in New York was not legally valid and should not have happened.

Here is where it becomes somewhat tricky. This should mean that the original court case is invalid and that it basically gets tossed out as if it never happened. That being said, you get the feeling that if there is a way around having to do that, that these judges associated with the case will try to find one. Just like the appellate court ruling on the civil case. The majority believed that the case should be overturned, but the final ruling inexplicitly kept it in place and just removed the penalty. You feel like nobody wants to actually take responsibility of being the one who overturns this. Thus, you see an appellate court vacate and remand, rather than just overturn. They would like to see a different court be the ones to make the call to overturn the conviction. Someone will need to step up and make that call eventually, as the law is really on the side of Trump in this case. I loath to believe this has to go all the way to the high court to get that ruling.