Trump moves to erase his criminal record as Justice Department intervenes
Photo: Donald Trump, President of the United States (Getty Images)
The US Department of Justice has urged the New York Court of Appeals to overturn Donald Trump’s conviction, arguing that the trial violated the principles of presidential immunity, according to Bloomberg.
The conviction concerns the so-called hush money case, in which Donald Trump was found guilty on 34 counts of falsifying business records to conceal payments to an adult film actress ahead of the 2016 election.
What Department of Justice argues
In its filing, the second most significant federal intervention in the case, Justice Department lawyers stated that the trial court failed to take into account the 2024 US Supreme Court ruling that granted broad presidential immunity for actions taken while in office.
According to federal attorneys, Judge Juan Merchan wrongly allowed prosecutors to present evidence to the jury that related to Trump’s official presidential duties, including his conversations with then-White House staffers Hope Hicks and Madeleine Westerhout.
The DOJ argued that this “effectively nullified the immunity guaranteed to the president.”
"This is the first appeal on the merits from a criminal conviction of a President in the Nation’s history," the Justice Department wrote in the filing. "The United States therefore has a substantial interest in the Court’s resolution of President Trump’s immunity defense."
Legislative argument
The department also asserted that the court improperly elevated a misdemeanor into a felony by linking it to an alleged violation of the Federal Election Campaign Act (FECA).
Federal lawyers stressed that this federal law cannot serve as a basis for a state-level prosecution, calling the legal framework of the conviction "invalid."
"The verdict must be overturned because it rests on a legal theory that directly contradicts federal law," the document reads.
The Justice Department underscored that this is the first substantive appeal in US history from a criminal conviction of a current or former president, a decision that will be pivotal for defining the limits of presidential powers.
Reactions
The Manhattan District Attorney’s Office of Alvin Bragg, which prosecuted Trump, declined to comment on the DOJ’s filing.
Meanwhile, Trump’s legal team is exploring another strategy, transferring the case to federal court, which could eventually pave the way for review by the US Supreme Court.
The case is currently being reviewed by the New York State Court of Appeals in Manhattan. The timing of a decision remains unclear.
Earlier, Israeli Prime Minister Benjamin Netanyahu was accused of war crimes in Gaza, but confirmed he plans to run for another term in the October 2026 elections.
