The U.S. Justice Department on Wednesday backed President Donald Trump’s bid to move his already-decided hush money criminal case to federal court, the second time in less than a week the department has moved to help the US president in a personal legal matter.
Arogidigba Global Journal reports that Trump was convicted last year on charges brought by Manhattan District Attorney Alvin Bragg of covering up a payment to a porn star for her silence about a sexual encounter she says she had with him, which he denied.
On January 10, a judge sentenced him to unconditional discharge, meaning no jail or any other punishment, paving the way for his inauguration 10 days later.
He, however, pleaded not guilty and is appealing his conviction in the first-ever criminal trial of a sitting or former US president.
The president is still trying to move the case to federal court, where he could seek to have it dismissed altogether on the basis that jurors at his trial saw evidence of acts from his first term as president.
The US Supreme Court last July found that presidents of the United States have broad immunity from prosecution over official acts.
The Justice Department, in a ruling, urged the 2nd US Circuit Court of Appeals to overturn a lower court ruling that the case belonged in state court because the case concerned personal conduct, not official acts.
The department is not directly involved in the case, but said it had an interest in protecting federal officials who face personal legal risk under state law due to their responsibilities.
“The State will remain free, of course, to argue in federal court that any evidentiary use of President Trump’s official acts was somehow acceptable.
“The point for present purposes is that federal law guarantees the President a federal forum to assert that defense,” Justice Department lawyers wrote.