Federal Judge Rejects Trump's Third Bid to Move Hush Money Case to Federal Court

U.S. District Judge Alvin K. Hellerstein rejected President Trump's third attempt to transfer his New York hush money conviction to federal court. The ruling, issued on August 28, 2026, maintains that the 2024 conviction for falsifying business records remains in state court. Trump's legal team plans to appeal, while the conviction stands despite a sentence of unconditional discharge.
Key points
- Judge Hellerstein denied Trump's request to move the case to federal court, stating the grounds were 'neither new nor legally sufficient.'
- The judge ruled that discussions regarding hush money payments to cover up an affair are not 'official acts' protected by presidential immunity.
- Trump was convicted in 2024 on 34 felony counts related to a $130,000 payment to adult film actor Stormy Daniels.
- This is the third time Hellerstein has blocked the transfer, following a directive from the 2nd Circuit Court of Appeals to reconsider the case.
- Trump's legal team called the ruling 'baseless and lawless' and announced plans to appeal the decision.
Background
The hush money case stems from a 2024 conviction where Trump was found guilty of falsifying business records to cover up a $130,000 payment to Stormy Daniels. Although he received a sentence of unconditional discharge with no jail time, the conviction remains on record. Previous attempts to move the case to federal court were rejected in 2023 and 2024, with the latter following the Supreme Court's immunity ruling. The current ruling follows a November 2025 order from the 2nd Circuit Court of Appeals directing Hellerstein to reassess the case in light of new evidence regarding official acts.
How outlets are covering it
AP News and CBS News report that Judge Hellerstein explicitly stated that paying hush money or covering up an embarrassment is not subsumed in presidential immunity. CNN emphasizes the judge's ruling that discussing the payoff is not an official presidential action. ABC News highlights that this is the second time a federal judge has rejected the bid to move the case, noting that Trump's attorneys plan to appeal. All sources agree that the conviction remains in state court, but they differ in emphasis: CBS News focuses on the judge's criticism of the legal team's 'strategic decision' to delay filing, while AP News and ABC News focus on the legal insufficiency of the new arguments.
Why it matters
The ruling reinforces the legal boundary between official presidential duties and private conduct, specifically regarding hush money payments. It prevents the case from being dismissed in federal court, maintaining the 2024 conviction as a matter of public record. The decision also highlights the ongoing legal battles surrounding presidential immunity and the limits of executive power in criminal proceedings.
What to watch
Trump's legal team has announced plans to appeal the ruling to the 2nd Circuit Court of Appeals. The case will remain in New York state court, where the conviction stands. Further legal proceedings may involve the state court appellate process, which is currently pending. The outcome of the appeal could determine whether the conviction is overturned or if the case remains in state court.
- President Donald Trump loses again in bid to erase his hush money conviction AP News
- Federal judge says Trump discussing payoff to Stormy Daniels isn’t an official presidential action CNN
- Judge again rejects Trump's bid to erase his New York hush money conviction CBS News
- Judge rejects President Trump's attempt to move his criminal hush money case to federal court ABC News - Breaking News, Latest News and Videos
- Trump loses longshot bid to erase hush money conviction Axios
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