Full Breakdown
Trump’s Third Federal Court Rejection in the Hush-Money Conviction
8/29/2026, 10:55:22 AM
Core Event
On August 28 a federal judge denied President Donald Trump’s request to have his New York hush-money case transferred to federal court. U.S. District Judge Alvin K. Hellerstein said the president’s arguments were “neither new nor legally sufficient” and that he had failed to show “good cause and diligence.” This is the third time Hellerstein has blocked the removal, leaving the conviction in state court.
Background & Context
The case stems from a $130,000 payment by Trump’s former attorney Michael Cohen to adult-film actress Stormy Daniels to silence her claim of a 2006 affair before the 2016 election. A Manhattan jury found Trump guilty on 34 felony counts of falsifying business records in May 2024. He received an unconditional discharge on January 10 2025, so the conviction remains on his record but no penalty was imposed.
The 2nd U.S. Circuit Court of Appeals ordered Hellerstein in July 2024 to reconsider his earlier denials after the Supreme Court’s July 2024 ruling on presidential immunity. The appellate panel did not rule on the merits, only that the judge must examine whether any evidence is tied to official duties and whether the removal request was filed with “good cause.”
Timeline
- May 14 2024: Trial of the hush-money case begins.
- May 2024: Jury convicts Trump on 34 felony counts.
- July 1 2024: Appeals court directs Hellerstein to revisit his removal decision.
- January 10 2025: Judge Juan Merchan issues an unconditional discharge.
- January 20 2025: Trump’s second, non-consecutive term begins.
- August 28 2026: Hellerstein issues his third denial of the federal-court removal request.
Data & Statistics
- 34 felony counts of falsifying business records.
- $130,000 hush-money payment.
- Conviction remains on Trump’s record; no custodial or monetary penalty imposed.
Official Statements & Responses
Trump’s legal team called the ruling “baseless and lawless” and argued that the Supreme Court’s immunity decision, together with constitutional provisions, mandates removal to federal court. A spokesperson for Manhattan District Attorney Alvin Bragg declined to comment.
The appellate panel noted it had not weighed the merits but instructed the judge to closely examine the link to official duties and the filing’s “good cause.”
Verbatim Quotes
- “Paying hush money to an adult film star or engaging in a cover-up of an embarrassment are not subsumed in presidential immunity,” — Alvin Hellerstein
- “I reaffirm my former decision. The president's motion is denied,” — Alvin Hellerstein
What’s Next
Hellerstein’s order will be appealed to the 2nd Circuit Court of Appeals, which will decide whether the removal request can be revived. Trump continues to pursue the state-court appellate route, which could reach the New York Court of Appeals and possibly the U.S. Supreme Court.
