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

On August 28, 2026, Manhattan-based U.S. District Judge Alvin Hellerstein denied President Donald Trump's third bid to move his New York criminal hush money case to federal court. Hellerstein ruled that Trump waited too long to seek the transfer and that paying hush money to Stormy Daniels was personal conduct, not an official act protected by presidential immunity. Trump's legal team immediately filed a notice of appeal to the 2nd U.S. Circuit Court of Appeals, calling the decision baseless.

Federal court removal denial

• ▪Donald Trump's legal team filed a notice of appeal on August 28, 2026, to challenge U.S. District Judge Alvin Hellerstein's ruling in the 2nd U.S. Circuit Court of Appeals
• ▪U.S. District Judge Alvin Hellerstein ruled that Donald Trump had no legal grounds to remove the case from state court after he had already been convicted and sentenced
• ▪Manhattan-based U.S. District Judge Alvin Hellerstein denied Donald Trump's attempt to move his New York state criminal hush money case to federal court on August 28, 2026
• ▪U.S. District Judge Alvin Hellerstein ruled that Donald Trump waited too long after his May 2024 conviction and the subsequent U.S. Supreme Court immunity ruling to seek removal of the case

Presidential immunity scope

• ▪The 2nd U.S. Circuit Court of Appeals had directed U.S. District Judge Alvin Hellerstein to review whether evidence introduced in Donald Trump's trial related to acts taken under color of the presidency
• ▪U.S. District Judge Alvin Hellerstein ruled that paying hush money to an adult film star or covering up an embarrassment concerns personal conduct and is not protected by presidential immunity
• ▪The U.S. Supreme Court ruled in Trump v. United States on July 1, 2024, that presidents have broad immunity from prosecution for official acts, but no immunity for unofficial acts

Hush money conviction background

• ▪Donald Trump was convicted by a New York jury in May 2024 on 34 felony counts of falsifying business records related to a $130,000 hush money payment to Stormy Daniels
• ▪New York State Supreme Court Judge Juan Merchan sentenced Donald Trump on January 10, 2025, to an unconditional discharge with no jail time or fine
• ▪Donald Trump is separately appealing his criminal conviction in the New York state appeals court system

Trump legal setbacks timeline

• ▪A federal appeals court in April 2026 declined to reconsider a decision upholding an $83.3 million civil defamation judgment in favor of E. Jean Carroll against Donald Trump
• ▪A federal judge in April 2026 dismissed Donald Trump's $10 billion defamation lawsuit against The Wall Street Journal and Rupert Murdoch while allowing him to amend his complaint
• ▪A Manhattan federal court judge ordered the release of approximately $5.8 million to writer E. Jean Carroll in July 2026 to satisfy a civil trial verdict against Donald Trump

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