In a significant legal development, a federal judge has once again denied Donald Trump's attempt to transfer his New York state criminal hush money case to federal court. This marks the third time Judge Alvin Hellerstein has ruled against Trump's request to have the case heard in the U.S. District Court in Manhattan.
The decision comes after a federal appeals court ordered Hellerstein to reconsider his previous denial in light of a recent U.S. Supreme Court ruling. This ruling, concerning presidential immunity, stated that presidents have presumptive immunity from prosecution for official acts, but not for unofficial acts.
However, Judge Hellerstein concluded that Trump had waited too long to file his request for removal after his May 2024 conviction and the subsequent Supreme Court decision. Trump was convicted on 34 felony counts of falsifying business records related to a hush money payment made to adult film star Stormy Daniels before the 2016 election. Trump has denied the underlying allegations.
Trump's legal team had argued that certain evidence presented at trial, involving presidential aides and their conduct, should have been excluded as it related to official actions and thus fall under presidential immunity. Hellerstein, however, stated that discussions regarding hush money payments to cover up alleged relations with Stormy Daniels could not be considered an official act.
The judge also emphasized that Trump could not strategically move his case between courts after being convicted and sentenced. Hellerstein found no legal grounds for the removal, asserting that the evidence did not infringe on presidential immunity and that Trump had not demonstrated prosecution for conduct related to his presidency.
Trump's lawyers have indicated they will appeal Hellerstein's latest ruling, viewing it as contradictory to a prior Second Circuit Court of Appeals order. They remain steadfast that the case should be moved to federal court and subsequently overturned and dismissed, citing the Supreme Court's immunity decision and constitutional grounds. This latest rejection adds to a series of legal challenges Trump has faced since 2025, including civil judgments related to defamation and sexual abuse allegations.
