On Friday, CNN senior legal analyst Elie Honig and criminal defense attorney Michael O’Mara
said Trump’s appeal would plausibly be based on the case’s unprecedented nature and Merchan not sequestering the jury.
“I think there’s a great likelihood, and the reason why is there are a number of issues,” O’Mara said in response to a question about the likelihood of the appeal succeeding. “I have always complained about the way this jury was or was not handled during the trial. I think with the massive focus on this case, that they should have been sequestered. They certainly should have been sequestered during the deliberations. I think they should have been sequestered for the week before.”