Justice Department steps in for Trump in federal court transfer bid

 March 27, 2025

A significant legal development unfolds as President Donald Trump receives unexpected backing from the Justice Department in his ongoing hush money case.

According to NewsNation, the Justice Department is supporting Trump's efforts to move his 34-count felony conviction on falsifying business records from New York state court to federal court, marking the first time his administration has officially intervened in his personal criminal defense.

The Justice Department's intervention comes after Trump's months-long campaign to transfer his criminal prosecution related to concealing a 2016 hush money payment to adult film star Stormy Daniels. This legal maneuver, known as removal, could potentially allow Trump to challenge his guilty verdict based on presidential immunity grounds.

Justice Department's strategic move to support presidential immunity

The administration's legal team has requested permission from the 2nd U.S. Circuit Court of Appeals to file an amicus brief. This document would support Trump's argument that the case should be moved to federal court, citing evidence presented during the trial that involved protected official acts under the Supreme Court's immunity ruling.

Justice Department attorney Maxwell Baldi emphasized in the filing that the current administration has evaluated the case thoroughly. The Acting Solicitor General determined that federal government participation as amicus in this appeal would be appropriate.

The Manhattan district attorney's office, which is prosecuting the case, has taken a neutral stance on the administration's request. However, appeals chief Steven Wu pointed out that the government had numerous previous opportunities to get involved.

Key personnel changes influence legal proceedings

Recent appointments within the Justice Department have raised eyebrows, as Trump has placed his former defense attorneys in senior roles. Todd Blanche, who led Trump's defense in the hush money trial, now serves as deputy attorney general.

Another significant appointment includes Emil Bove, a member of Trump's trial team, who now holds the department's third-highest position. Both attorneys formally withdrew from representing Trump earlier this month and were not included in the Justice Department's brief.

The timing of this legal intervention is noteworthy, as any briefs supporting Trump at the 2nd Circuit were originally due before November's election. The previous administration under President Biden chose not to intervene at that time.

Previous rulings and upcoming legal battles

New York judge Juan Merchan, who presided over the original trial, had previously rejected Trump's arguments before delivering a sentence with no punishment just before the inauguration. Trump continues to appeal in state court while simultaneously pursuing his right to present immunity claims in federal court.

The 2nd Circuit has scheduled oral arguments for June, following a federal district court's rejection of Trump's argument. This latest development adds another layer of complexity to the already intricate legal proceedings.

The administration's legal strategy appears focused on highlighting specific trial evidence, particularly testimony about Oval Office conversations with high-ranking officials, which they argue involves protected official acts.

Future implications of Justice Department intervention

President Trump faces a complex legal situation involving his 34-count felony conviction for falsifying business records related to hush money payments made to Stormy Daniels in 2016. The Justice Department's unprecedented move to support moving the case to federal court marks a significant shift in the administration's approach to Trump's personal legal matters. The 2nd U.S. Circuit Court of Appeals' decision on this matter, expected after June's oral arguments, will determine whether Trump can pursue his presidential immunity claims in federal court.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.
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