Federal Judge Again Denies Trump’s Bid to Move Hush-Money Conviction to Federal Court

On August 28 2026, U.S. District Judge Alvin K. Hellerstein (Southern District of New York) issued a written order rejecting President Donald J. Trump’s latest request to have his 2024 New York criminal conviction for falsifying business records transferred to federal court. The decision leaves the felony conviction—34 counts related to a $130,000 hush-money payment to adult-film actress Stormy Daniels—intact while the president proceeds with appeals in the state system.

• May 14 2024 – Trump appeared in Manhattan Criminal Court for the hush-money trial, which resulted in a unanimous jury finding him guilty on all 34 felony counts.

Judge rejects President Trump's attempt to move his criminal hush money case to federal court

• January 2025 – He received an unconditional discharge, preserving the conviction but imposing no jail time, fines, or probation.

Newsweek

• July 1 2024 – A federal appeals panel ordered Hellerstein to reconsider his earlier denial of a removal request after the U.S. Supreme Court’s July 2024 decision granting presidents broad immunity for official acts.

CNBC

• The president’s legal team has argued that the Supreme Court’s immunity ruling should bar the state prosecution because the alleged conduct was tied to his presidential duties.

CNN

• 34 felony counts of falsifying business records.

• $130,000 payment to Stormy Daniels, facilitated by former personal attorney Michael Cohen.

Daily Beast

• Conviction makes Trump the first sitting U.S. president ever to hold a felony record.

Newsweek

• Robert J. Giuffra Jr., a lawyer for Trump, said the team will appeal the decision.

New York Times

• A spokesperson for the president’s legal team called the ruling “baseless and lawless,” asserting that the Supreme Court’s immunity decision “mandates” removal of the case to federal court.

The Hill

• Manhattan District Attorney Alvin L. Bragg declined to comment on the ruling.

New York Times

• Legal analysts have noted that the judge’s repeated refusals underscore the distinction between “private conduct” and “official acts,” limiting the scope of presidential immunity.

• “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,” — Alvin Hellerstein, district judge

CNBC

• “I reaffirm my former decision. The president's motion is denied,” — Alvin Hellerstein, district judge

Judge rejects President Trump's attempt to move his criminal hush money case to federal court

Trump’s attorneys have filed a notice of appeal with the 2nd U.S. Circuit Court of Appeals. If that court upholds Hellerstein’s decision, the president’s remaining avenue will be the New York state appellate process, which could extend for months before any potential review by the U.S. Supreme Court.

CNN