The Justice Department appears to be backing President Donald Trump in his so-called “hush money case.”

A request by the DOJ asked that the prosecution be moved out of New York state regarding Trump’s personal criminal defense pertaining to payments made to Stormy Daniels, The Hill reported.

“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 states, according to The Hill.

Trump is currently pursuing an appeal in state court while simultaneously using his right to present his immunity claims in federal court. The 2nd Circuit is scheduled to hold oral arguments in June, following a federal district court’s dismissal of Trump’s argument.

Briefs in support of Trump at the 2nd Circuit had to be filed before the November election, but the Justice Department under Biden chose not to submit anything. Now, the new administration is requesting permission to file the document, even though the deadline has passed, The Hill explained.

“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 stated in the filing.

Steven Wu, appeals chief in Manhattan D.A.’s office pushed back on the request, saying the office doesn’t have permission over the DOJ’s request and claimed the Trump admin had “many prior opportunities” to act 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,” The Hill reported.

Trump’s former defense attorneys were promoted to lead roles within the DOJ. Neither Todd Blanche, nor Emil Bove were mentioned on the DOJ brief, The Hill reported.

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