Judge Blocks Trump Hush Money Move

A federal judge for a third time rejected Trump's bid to move his hush money case to federal court.

Federal Judge Alvin Hellerstein on Friday denied President Donald Trump's renewed attempt to move his New York criminal hush money case from state court to federal court, where he hoped to seek dismissal of his conviction. Hellerstein ruled Trump's grounds were "neither new nor legally sufficient," saying he had failed to show good cause and diligence. It is the third time Hellerstein has blocked the transfer request.

Trump was convicted in May 2024 of 34 felony counts of falsifying business records tied to a $130,000 hush payment to adult film actress Stormy Daniels, making him the first US president convicted of a crime. He was sentenced to an unconditional discharge, leaving the conviction on his record with no penalty. Moving the case to federal court could have offered a faster route to vacate the conviction.

Trump's lawyers leaned on the Supreme Court's July 2024 immunity ruling, arguing that testimony from White House aides and his Twitter statements involved official acts and should not have been admitted at trial. Hellerstein rejected the framing outright: "There is no way that discussions regarding hush money payments to cover up the President's relations with Stormy Daniels could be an official act."

The judge also faulted Trump's legal maneuvering. After the immunity decision, Trump's team first asked state Judge Juan Merchan to dismiss the conviction, then waited nearly two months before renewing the federal removal request. Hellerstein called that a "quintessential strategic decision" and a "second bite at the apple," and wrote that "federal district courts are not certifying clerks" when Trump's team suggested he merely certify the record.

Trump's legal team filed a notice of appeal Friday afternoon, with the appeal headed to the 2nd US Circuit Court of Appeals. A spokesperson called the ruling "baseless and lawless," saying the Supreme Court's immunity decision "mandate[s] that the Witch Hunt perpetrated by the Manhattan DA be removed to federal court, and immediately overturned and dismissed."

Trump is simultaneously appealing his conviction through the New York state appellate system, a track that could reach the state's Court of Appeals and potentially the Supreme Court. The 2nd Circuit had previously ordered Hellerstein to reconsider after the immunity ruling but expressed no view on the outcome. Hellerstein's latest ruling signals continued skepticism of the federal route, leaving the state appeal as the primary path to erasing the conviction.