Federal judge denies Trump bid to move New York hush money conviction

Federal court rejects venue transfer

U.S. District Judge Alvin K. Hellerstein of the Southern District of New York on Friday rejected Donald Trump's effort to move his state criminal hush money conviction to federal court. The 35-page decision marks the third time the Manhattan federal judge, an appointee of President Bill Clinton, has turned down bids by Trump's legal team to take over the state prosecution. Trump sought federal removal to challenge his conviction under the presidential immunity protections established by the Supreme Court in July 2024. Hellerstein ruled that Trump's arguments were neither new nor legally sufficient, finding that the president failed to show good cause and diligence for filing his notice late. The ruling blocks Trump's quickest legal avenue to overturn the verdict while keeping the New York state judgment in force.

Private conduct versus official acts

In his opinion, Hellerstein determined that the conduct at the center of the indictment involved Trump's private affairs rather than his official responsibilities as president. Manhattan prosecutors charged Trump over reimbursements paid to his former attorney Michael Cohen, which concealed a 130,000-dollar payment to adult film actress Stormy Daniels before the 2016 presidential election. Manhattan District Attorney Alvin Bragg argued that the transaction aimed to conceal damaging information from American voters. Trump has denied the alleged affair with Daniels and maintained that he committed no crimes. Trump's lawyers argued that trial evidence touched on official presidential duties, but Hellerstein rejected that premise.

Paying hush money to an adult film star or engaging in a cover-up of an embarrassment are not subsumed in presidential immunity.

Procedural history and appellate remand

The venue dispute began after a Manhattan grand jury indicted Trump on 30 March 2023 on 34 felony counts of falsifying business records in the first degree. Hellerstein denied Trump's initial removal attempt in the summer of 2023, and a New York jury convicted Trump on all counts in May 2024. In July 2024, the Supreme Court ruled in Trump v. United States that former presidents enjoy broad immunity for official acts. The state judge subsequently sentenced Trump to an unconditional discharge on 10 January 2025, sparing him prison time and fines. The U.S. Court of Appeals for the Second Circuit later vacated Hellerstein's prior order and directed him to examine whether trial evidence crossed into official presidential conduct. On remand, Hellerstein concluded that hush-money discussions did not qualify.

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.

Appeals and parallel state proceedings

Trump's defense team confirmed plans to file an immediate appeal against the federal court ruling. Defense attorney Robert J. Giuffra Jr. stated that the legal team would contest the decision, while a spokesperson for Trump's attorneys said the defense would challenge what it characterized as the weaponization of the justice system. A spokeswoman for Alvin Bragg declined to comment. An appeal from Hellerstein's order sends the case back to the Second Circuit Court of Appeals, with the potential for further review by the conservative majority on the Supreme Court. Parallel to the federal proceedings, Trump is continuing a separate appeal through New York state courts, an alternate process expected to take years.