The Justice Department went to bat for President Trump in his hush money criminal case Wednesday, urging that his prosecution be moved out of New York state court so he can attempt to toss his guilty verdict on presidential immunity grounds. 

Trump cannot pardon himself from his 34-count felony conviction on falsifying business records charges, but the development marks the first time his administration has looked to officially back the president in his personal criminal defense.

Trump has embarked on a months-long effort to try to move to federal court his criminal prosecution for illegally concealing a 2016 hush money payment to adult film star Stormy Daniels, a process known as removal. 

In the new filing, the Justice Department asked the 2nd U.S. Circuit Court of Appeals for permission to file an amicus brief backing Trump’s argument that he should be able to move courts, because prosecutors during the trial brought up official acts protected by the Supreme Court’s landmark immunity ruling. 

“He has identified certain categories of the State’s trial evidence, including testimony about his conversations in the Oval Office with the Attorney General and the White House Communications Director, that facially involve official acts,” the proposed Justice Department brief reads. 

Juan Merchan, the New York judge who oversaw the trial, rejected Trump’s argument and went onto sentence the president to no punishment just before the inauguration.

Trump is appealing in state court, but he meanwhile insists that he has the right to bring his immunity claims in a federal forum. The 2nd Circuit is slated to hear oral arguments in June after a federal district court rejected Trump’s argument. 

Any briefs backing Trump at the 2nd Circuit were due before November’s election, but then-President Biden’s Justice Department did not get involved. The new administration is now asking for permission to file the past-due document. 

“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,” Justice Department attorney Maxwell Baldi wrote in the filing. 

Steven Wu, the appeals chief in the Manhattan district attorney’s office, which is prosecuting the case, said the office takes no permission on the administration’s request. 

But Wu noted the government had “many prior opportunities” to get involved and “identifies no meaningful change in the federal government’s ‘institutional interests’ (id.) aside from the fact that defendant is now the head of the Executive Branch that is seeking to support his position in this private criminal matter.” 

Since taking office, Trump has appointed his personal criminal defense attorneys to senior Justice Department roles. Todd Blanche, Trump’s lead attorney in the hush money trial, is now deputy attorney general, and Emil Bove, another member of the trial team, is now the department’s No. 3 official. 

Both attorneys formally withdrew from representing Trump in the case earlier this month, and neither were listed on the Justice Department’s brief.