The Department of Justice took up President Donald Trump's business records case on Wednesday, arguing to the 2nd U.S. Circuit Court of Appeals that the prosecution should be moved out of New York state court so a push can be made to toss the guilty verdict on presidential immunity grounds.
According to The Hill, Trump cannot pardon himself for the 34-count felony conviction regarding falsifying business records. So on Wednesday, the DOJ argued for permission to file an amicus brief so that Trump's case could be tried in a federal court. In pursuit of that appeal, the DOJ asserted that prosecutors brought up official acts protected by the Supreme Court's landmark immunity ruling in July: Trump v. United States.
"The current administration has now had an opportunity to evaluate the case, and the Acting Solicitor General has determined that the United States should participate as amicus in this appeal. Allowing the federal government to file an amicus brief is particularly appropriate," DOJ attorney Maxwell Baldi wrote in the filing.
In response, Steven Wu, the appeals chief in the Manhattan district attorney's office, which is prosecuting the case, argued that the DOJ had lots of time to get involved in the case but is doing so now because the "defendant is now the head of the executive branch that is seeking to support his position in this private criminal matter."