Former President Donald Trump takes his fight to federal appeals court, claiming presidential immunity and prosecutorial overreach could overturn his business records conviction.
At a Glance
- Trump’s legal team has appealed to the Second Circuit Court seeking to transfer his business records case to federal court
- The appeal argues that evidence used against Trump is protected by presidential immunity
- Trump was convicted on 34 counts of falsifying business records but received no jail time or fines
- The Department of Justice has filed an amicus brief supporting Trump’s position
- The case is being heard by a three-judge panel with two Obama appointees and one Biden appointee
Trump Seeks Federal Court Transfer
The U.S. Court of Appeals for the Second Circuit is now weighing President Donald Trump’s request to move his business records criminal case to federal court, a move that could potentially nullify his conviction from last year. Trump was found guilty in state court on 34 counts of falsifying business records related to payments made to adult film actress Stormy Daniels. His legal team argues that the case involves evidence protected by presidential immunity and should therefore be handled in federal court rather than state court.
Trump’s attorney Jeffrey Wall presented arguments before the three-judge panel in Manhattan, emphasizing that certain evidence used in the state prosecution directly related to Trump’s official acts as president. The appeal is based on the Federal Officer Removal Statute, which allows federal officials to transfer cases to federal court when the charges relate to actions taken during their official duties. Previous attempts to use this statute were denied by lower courts, which ruled that the alleged crimes occurred before Trump took office.
JUST PUBLISHED: Trump Appeals Bogus 'Hush Money' Conviction. PULSE POINTS:
❓What Happened: President Donald J. Trump’s attorneys are appealing his conviction in a so-called hush money case in New York, seeking to move it to federal court following last year's U.S. Supreme Court…— The National Pulse (@TheNatPulse) June 11, 2025
Department of Justice Backs Trump’s Position
In a significant development, the U.S. Department of Justice has filed an amicus brief supporting Trump’s position in the case. This unusual move by the Biden administration’s Justice Department lends credibility to Trump’s arguments about the case’s federal implications. The Manhattan District Attorney’s office, meanwhile, contends that the case cannot be moved to federal court post-sentencing and maintains that the prosecution was proper under state law.
Despite being convicted, Trump received an unconditional discharge from the court, meaning he faces no prison time or financial penalties. However, the conviction remains on his record, which Trump and his legal team are determined to overturn. The case has taken on added significance as Trump seeks to clear his name while campaigning for the presidency in the upcoming election.
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Legal Experts Weigh In
Legal scholars have offered mixed assessments of Trump’s chances on appeal. Some suggest the timing of the removal request — coming after trial and sentencing — makes success unlikely. However, they acknowledge that Trump’s team has raised substantive arguments about the prosecution’s use of evidence related to his presidency. The three-judge panel hearing the case includes two judges appointed by President Obama and one by President Biden.
In addition to this federal appeal, Trump has also filed a notice of appeal with New York state’s mid-level appeals court, creating parallel challenges to his conviction. His legal team argues that Manhattan District Attorney Alvin Bragg improperly elevated misdemeanor business record violations to felonies by connecting them to other alleged crimes. The prosecution’s case relied on linking the business records to election law violations, a novel legal theory that Trump’s attorneys contend was unprecedented and politically motivated.
Presidential Immunity Claims Central to Appeal
At the heart of Trump’s appeal is the argument that prosecutors improperly used evidence related to his official acts as president. Trump’s legal team contends that this evidence should have been excluded under principles of presidential immunity recently reinforced by the Supreme Court. They argue that if the case had been properly heard in federal court, this evidence would have been excluded, potentially changing the outcome of the trial.
The Second Circuit’s decision could have far-reaching implications for the intersection of state prosecutions and presidential power. If successful, Trump’s appeal would not only overturn his conviction but could also establish new precedent for how former presidents can be prosecuted for actions that overlap with their time in office. The court has not indicated when it will issue a ruling, but given the high-profile nature of the case, a decision is expected in the coming months.
