The US Justice Department has asked a New York appeals court to dismiss former President Donald Trump’s conviction in the hush money case, Reuters reported. Officials said the verdict relied on the wrong legal theory and included evidence that should not have been used.
The filing supports Trump’s argument that he is immune from prosecution for actions he took while in office. The department said that using those actions as evidence “can never be harmless.” It also said federal law prevents jurors from deciding whether Trump violated election rules when he hid payments to adult film actress Stormy Daniels.
The appeal aims to overturn Trump’s May 2024 conviction on 34 counts of falsifying business records. Manhattan District Attorney Alvin Bragg, whose office brought the case, declined to comment on the Justice Department’s brief.
Legal debate over presidential immunity
The filing refers to a Supreme Court ruling issued in July 2024. That decision said presidents cannot be prosecuted for official acts and that prosecutors must not use those acts in unrelated criminal cases.
According to the Justice Department, the trial judge made a mistake by letting jurors hear about Trump’s talks with then–Attorney General Jeff Sessions and former White House Communications Director Hope Hicks. The agency said this kind of testimony could limit future presidents in doing their jobs.
It also noted that Trump’s trial ended before the Supreme Court ruling, so the judge did not have the chance to apply it. Still, officials believe the decision should now protect Trump from prosecution in this case.
Appeal could speed up Trump’s fight for reversal
A federal appeals court recently told a Manhattan judge to reconsider Trump’s request to move the case from state to federal court. If that happens, the process could move faster and increase his chances of clearing the conviction.
In January, Judge Juan Merchan gave Trump an unconditional discharge. The rare sentence carried no jail time or probation. He said it would help reduce political turmoil and ensure stability as Trump prepared to begin his second term in the White House.