Daijiworld Media Network - Washington

Washington, Nov 8: In a dramatic turn in Donald Trump’s legal battle, the US Department of Justice (DOJ) has urged a New York appeals court to overturn the former president’s hush money conviction, arguing it was based on improper evidence and a legal theory preempted by federal law.

In a filing on Friday with a state appeals court in Manhattan, the DOJ aligned itself with Trump’s position, asserting that he is entitled to immunity for official acts taken during his presidency. The department said that introducing evidence of those acts at trial “can never be harmless.”

The DOJ further argued that jurors should not have been allowed to consider whether Trump violated federal election law by concealing a hush money payment to adult film star Stormy Daniels, saying such a determination falls solely under federal jurisdiction.

The brief, filed as a “friend of the court” submission, supports Trump’s appeal of his May 2024 conviction on 34 felony counts of falsifying business records. While such briefs are not binding, they can influence the court’s decision.

A spokeswoman for Manhattan District Attorney Alvin Bragg, whose office secured Trump’s conviction, declined to comment on the Justice Department’s intervention.

Justice Department Cites Supreme Court Immunity Ruling

The DOJ and Trump both cited the US Supreme Court’s landmark July 2024 decision, which granted presidents immunity from prosecution over official acts and prohibited prosecutors from discussing those acts in cases concerning private conduct.

According to the DOJ, Trump’s trial judge should not have permitted jurors to hear testimony about his alleged conversations with then-Attorney General Jeff Sessions regarding a potential federal election probe, or with White House Communications Director Hope Hicks about managing negative media coverage.

“To allow any of the Nation’s more than 2,300 prosecutors’ offices to indict a former President for his official conduct would risk chilling every President in the vigorous discharge of the duties of his office,” the DOJ said in its filing.

The department acknowledged, however, that Trump’s six-week trial predated the Supreme Court ruling, meaning the trial judge could not have applied its findings at that time.

Federal Court to Reconsider Transfer Request

On Thursday, a federal appeals court ordered a Manhattan district judge to reconsider Trump’s request to move his conviction from state to federal court — a shift that could accelerate his potential exoneration.

The ongoing state appeals process could otherwise take years.

Judge Juan Merchan had sentenced Trump on January 10 to an unconditional discharge — an uncommon sentence he said was intended to reduce disruption and ensure “finality” as Trump prepared to begin his second term in the White House just 10 days later.