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The U.S. Department of Justice intervened in President Donald Trump’s business records case on Wednesday, urging the 2nd U.S. Circuit Court of Appeals to transfer the prosecution from New York state court to federal court.
The move aims to challenge the guilty verdict by invoking presidential immunity.
“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. Allowing the federal government to file an amicus brief is particularly appropriate,” DOJ attorney Maxwell Baldi wrote in the filing.
According to The Hill, Trump cannot grant himself a pardon for his 34 felony convictions related to falsifying business records. On Wednesday, the DOJ sought approval to submit an amicus brief, arguing that certain actions cited in the prosecution are covered by the Supreme Court’s ruling in Trump v. United States, which established key immunity protections for presidents.
Steven Wu, the appeals chief for the Manhattan district attorney’s office, which is handling the prosecution, pushed back. He contended that the DOJ had ample time to get involved but is only doing so now because Trump, as the head of the executive branch, stands to benefit from its support in what he characterized as a private criminal matter.
Trump alluded to the case in a Thursday morning Truth Social post criticizing Judge James Boasberg’s assignment to a Signal chat message lawsuit, saying “it is virtually impossible for me to get an Honest Ruling in D.C. Our Nation’s Courts are broken, with New York and D.C. being the most preeminent of all in their Corruption and Radicalism. There must be an immediate investigation of this Rigged System, before it is too late!”
Trump is unable to pardon himself in the hush money case and did not receive a prison sentence, but he remains a convicted felon. He is also challenging the verdict through a state-level appeal.
The DOJ’s request comes after the deadline, as all appeals to the court were due in November. However, the department is seeking permission to file the brief late, citing the previous administration’s decision not to intervene in the case.
