Archive · 8 Nov 2025
US Government Backs Trump's Appeal to Overturn Hush Money Conviction
Imagine a rulebook for presidents that says they can't be punished for things they do while they are president, like making important decisions.
The U.S. government, like a referee in a game, is saying that a conviction against a former president, Donald Trump, shouldn't count.
They believe the case used evidence that shouldn't have been allowed because it was related to his presidential job.
They also think the rules for this case might have been mixed up with other, bigger national rules.
This is part of Donald Trump's effort to get his conviction thrown out.
The people who originally brought the case have not commented on this new argument.
The U.S. government has argued that Donald Trump's hush money conviction should be overturned.
The Justice Department's argument supports Trump's bid to overturn his conviction on 34 felony counts of falsifying business records.
The government cited a Supreme Court decision shielding presidents from prosecution over official acts.
It was argued that federal law barred jurors from considering whether Trump violated federal election law.
A federal appeals court is reconsidering Trump's request to move his conviction to federal court from state court.
- Who
- The U.S. Department of Justice
- What
- Argued that Donald Trump's hush money criminal conviction should be overturned
- When
- In a Friday filing
- Where
- A state appeals court in Manhattan
- Why
- Because the conviction was based on improper evidence and a legal theory preempted by federal law, citing a landmark Supreme Court decision on presidential immunity.
Justice Department Stance
District Attorney's Office Stance
Basis of Conviction
Justice Department Stance
Argues that the conviction was based on improper evidence and a legal theory preempted by federal law, citing a Supreme Court decision on presidential immunity for official acts.
District Attorney's Office Stance
Has declined to comment on the Justice Department's filing.
Presidential Immunity
Justice Department Stance
Adopts Trump's view that he deserved immunity for official acts as president and that introducing evidence of such acts at trial was improper.
District Attorney's Office Stance
Maintained the conviction based on falsifying business records related to hush money payments.
Federal Election Law
Justice Department Stance
States that federal law barred jurors from considering whether Trump violated federal election law by concealing a hush money payment, as its disclosure could have disrupted his 2016 campaign.
District Attorney's Office Stance
The articles do not provide a direct response from the District Attorney's office on this specific point.
- Conviction Date
- May 2024
- Number of Felony Counts
- 34
- Charge
- Falsifying business records
- Sentencing Date
- January 10
- Sentence
- Unconditional discharge
- Filing Court
- State appeals court in Manhattan