Justice Department asks appeals court to move Trump hush money case out of NY state court

The Justice Department (DOJ) on Wednesday asked an appeals court to move their appeal of President Donald Trump's hush money verdict out of New York state court, so he can try to get it dismissed through presidential immunity.

The president was convicted last year on 34 counts of falsifying business records in connection with a 2016 hush money payment that his then-attorney, Michael Cohen, made to Stormy Daniels. Trump has denied wrongdoing and maintained that the case was part of a broader political witch hunt against him.

The Justice Department asked to file an amicus brief that supports Trump's argument that prosecutors mentioned official acts that would be protected by the Supreme Court’s ruling on presidential immunity, The Hill reported.

“He has identified certain categories of the State’s trial evidence, including testimony about his conversations in the Oval Office with the Attorney General and the White House Communications Director, that involve official acts,” a draft of the Justice Department brief reads. 

Trump cannot pardon himself in the hush money case, and he was not given a prison sentence. But he is still considered a convicted felon. The president is also appealing the verdict on the state level. 

The DOJ's request comes late, because all appeals to the appeals court were due in November. But the Justice Department is asking permission to file the brief late because the previous administration did not get involved.

“The current administration has now had an opportunity to evaluate the case, and the Acting Solicitor General has determined that the United States should participate as amicus in this appeal," Justice Department attorney Maxwell Baldi wrote in the filing. "Allowing the federal government to file an amicus brief is particularly appropriate."

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.