Trump Loses Again in Bid to Move Hush-Money Case to Federal Court
A federal judge on Friday rejected for the third time Donald Trump’s effort to move his hush-money case from state to federal court and have his felony conviction dismissed on presidential immunity grounds. Judge Alvin K. Hellerstein ruled that Trump’s arguments were “neither new nor legally sufficient,” adding, “He has failed to show good cause and diligence.”
The decision marks the latest setback for Trump in his ongoing legal challenge to the conviction, which made him the first former and current U.S. president to be convicted of a crime. The guilty verdict, reached in May 2024 while Trump was between terms, came after a New York City jury found him guilty of 34 counts of falsifying business records.
The case stems from a $130,000 payment Trump allegedly made through his former lawyer Michael Cohen to adult film star Stormy Daniels to buy her silence about an affair. Trump has denied the affair and has maintained that his conviction should be overturned in light of a 2024 Supreme Court ruling expanding presidential immunity. Hellerstein rejected that argument, writing, “Paying hush money to an adult film star or engaging in a cover-up of an embarrassment are not subsumed in presidential immunity.” He also wrote, “There is no way that discussions regarding hush money payments to Stormy Daniels could be an official act of the presidency.”
Falsifying business records in New York is normally a misdemeanor, but it can be elevated to a felony when committed in service of another crime. Prosecutors had argued that Trump sought to conceal the payments to avoid negative attention during his 2016 presidential campaign.
The judge’s decision came after a federal appeals court last year ordered him to reconsider his prior denial. During oral arguments in February, Hellerstein previewed his ruling, criticizing Trump’s lawyers for legal maneuvers that amounted to taking “two bites at the apple.”
Trump is also challenging his conviction through the state court appellate process, which remains pending. His lawyers have announced they will appeal the latest ruling, denouncing Hellerstein’s judgment as “baseless and lawless.” A statement from Trump’s team said, “President Trump will be filing a powerful appeal, and will continue defeating Democrat weaponization at every turn.”
Trump was sentenced to an unconditional discharge on January 10, 2025, meaning he faced no jail time, probation, or fine. The New York indictment was one of four Trump faced in 2023, but only the New York case reached trial.
Lawyers on both sides did not immediately respond to requests for comment.