But would that decision end up in such a conservative court? The appeal itself might (I guess ? Are appeala assigned at random so could end up with some of Cannons ilk?), but by the time that is heard Trump would already be in jail (and even the can the judge ask for the defendant to released while the appeal is going on, before they reach their verdict?).
And if the SCOTUS (where presumably the appeal would end up eventually?) has a majority who feels that way the J6 conviction ain’t gonna happen. The immunity case in April would go for Trump and everything is off.