Key facts
- A federal judge denied Donald Trump's attempt to move his New York hush money case to federal court.
- The ruling rejects Trump's argument that presidential immunity should apply to the case.
- Judge Alvin K. Hellerstein stated that paying hush money or covering up an affair are not official presidential acts.
- This is the third time the judge has denied Trump's request to transfer the case to federal court.
- Trump's legal team has stated they will appeal the ruling.
A federal judge has once again denied Donald Trump's effort to move his New York hush money conviction to federal court, rejecting the president's bid to dismiss the case on presidential immunity grounds. U.S. District Judge Alvin K. Hellerstein stated that Trump's arguments were insufficient and that paying hush money or covering up an affair are not official presidential acts.
This marks the third time Hellerstein has denied Trump's request to have the case transferred from the state court where he was tried and convicted. Trump's legal team has announced plans to appeal the ruling, calling it "baseless and lawless." The judge's decision followed an order from the 2nd U.S. Circuit Court of Appeals for Hellerstein to reconsider his prior denial, after finding he had not adequately considered relevant issues regarding Trump's request. The appeals court had instructed Hellerstein to review evidence related to official acts and whether Trump could argue those actions were taken as part of his White House duties. Hellerstein questioned the strategy of Trump's legal team, noting their delay in seeking removal to federal court after the Supreme Court's ruling on presidential immunity, suggesting it was a "strategic decision" that cost them the right to pursue remedies in federal court.
Trump was convicted in May 2024 of 34 felony counts of falsifying business records related to a $130,000 payment made to Stormy Daniels to conceal a claimed sexual encounter during the 2016 presidential campaign. He received an unconditional discharge, meaning no punishment was imposed but the conviction stands. Trump denies the allegations and is also pursuing an appeal through the state court system.