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Federal judge rejects President Trump's bid to move hush money case to federal court

A federal judge denied President Trump's request to move his New York conviction to federal court, ruling that hush money payments are not official presidential acts.

Published August 29, 2026 at 1:36 AM EDT

The short answer

A federal judge denied President Trump's request to move his New York conviction to federal court, ruling that hush money payments are not official presidential acts.

Federal judge rejects President Trump's bid to move hush money case to federal court

The Facts

Who
U.S. District Judge Alvin K. Hellerstein and President Trump
What
A federal judge rejected President Trump's effort to move his state hush money conviction to federal court on immunity grounds.
When
Friday
Where
Manhattan, New York
Why
To determine if the state conviction should be dismissed under federal presidential immunity standards.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. March 2023

    Trump indicted in New York state court

  2. May 2024

    Trump convicted on 34 felony counts of falsifying business records

  3. July 2024

    Supreme Court rules presidents have immunity for official acts

  4. November 1, 2024

    2nd Circuit orders judge to reconsider federal removal request

  5. February 1, 2025

    Judge Hellerstein hears oral arguments on the removal request

U.S. District Judge Alvin K. Hellerstein on Friday denied a request from President Trump to move his New York state hush money conviction to federal court. The ruling rejects the attempt to have the 34 felony counts of falsifying business records dismissed based on presidential immunity grounds.

The case involves a 2024 conviction related to a $130,000 payment to adult film actor Stormy Daniels. In July 2024, the U.S. Supreme Court ruled that presidents and former presidents possess immunity for official acts and that such acts cannot be used as evidence for unofficial conduct. Following a directive from the 2nd U.S. Circuit Court of Appeals last November to reconsider the matter, Judge Hellerstein reviewed whether the evidence involved official duties.

Judge Hellerstein wrote that the payment and subsequent cover-up did not fall within the "outer perimeter" of official presidential responsibilities. He also found that the legal team's two-month delay in seeking federal intervention after the Supreme Court ruling was a "strategic decision" that did not establish "good cause" for a late filing. A spokesperson for Mr. Trump’s legal team characterized the ruling as "baseless and lawless" and stated they would file an appeal.

Judge Hellerstein's determination suggests that personal financial transactions and related record-keeping, even if involving White House staff as witnesses, are considered private conduct. This distinction will be a central point of argument as the case moves to the 2nd U.S. Circuit Court of Appeals, where the legal team aims to have the Manhattan District Attorney's case overturned.

For the public and the legal system, this decision maintains the status quo of the New York judicial proceedings. The next steps involve a two-track legal effort: the pending state court appellate process and the newly announced federal appeal. While the Trump legal team argues that the Manhattan prosecution is a "Witch Hunt" and a "weaponization" of the law, the court's refusal to seize control of the case ensures that the legal battle over the $130,000 payment will continue to be litigated in multiple jurisdictions.

Mr. Trump’s legal team notified the court on Friday afternoon that they are appealing the ruling. State prosecutors did not provide an immediate response to the decision. No specific dates for the next appellate hearings were reported.

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. See our editorial standards, or report a correction.

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Questions readers ask

What happened: Federal judge rejects President Trump's bid to move hush money case to federal court?

A federal judge rejected President Trump's effort to move his state hush money conviction to federal court on immunity grounds.

Who is involved?

U.S. District Judge Alvin K. Hellerstein and President Trump

When did this happen?

Friday

Where did this happen?

Manhattan, New York

Why does this matter?

To determine if the state conviction should be dismissed under federal presidential immunity standards.