1
1
Federal Judge Alvin Hellerstein denied President Donald Trump’s latest attempt to move his New York hush money criminal case to federal court on Friday. The ruling came in a 35-page decision in which Hellerstein said Trump’s arguments were neither new nor legally sufficient. It was the third time Hellerstein has blocked Trump’s efforts to shift the case to a federal venue — and the second time since a federal appellate court ordered him last fall to reconsider the question in light of the Supreme Court’s landmark presidential immunity ruling.
“I reaffirm my former decision,” Hellerstein wrote. “The president’s motion is denied.”
Trump’s legal team has been pushing to move the case from New York state court to federal court because federal jurisdiction would give them a cleaner path to argue presidential immunity — and ultimately a better shot at getting Trump’s conviction overturned at the Supreme Court, where Trump-appointed justices hold a majority.
Trump was convicted in May 2024 on 34 felony counts of falsifying business records. The charges stemmed from a $130,000 payment his then-attorney Michael Cohen made to adult film actress Stormy Daniels shortly before the 2016 presidential election. Prosecutors argued the payment was made to conceal damaging information from voters. Trump has denied having an affair with Daniels and has called the case a politically motivated prosecution.
Hellerstein addressed the immunity argument directly. He wrote that there is no way that discussions regarding hush money payments to cover up the president’s relations with Stormy Daniels could be considered an official act. He added that paying hush money to an adult film star or engaging in a cover-up of an embarrassment are not within the outer perimeter of presidential responsibilities and therefore not protected by presidential immunity.
He also found that Trump’s legal team had waited too long. Trump was convicted in May 2024. His attorneys initially litigated the immunity issue in New York state court before turning to the federal court system — a sequence the judge characterized as an attempt to play one court against another. A litigant, Hellerstein wrote, cannot seek victory in one court and then, when it becomes apparent that the court will rule against him, seek to remove the case to another court.
The Second Circuit Court of Appeals had ordered Hellerstein last November to take another look at Trump’s removal request, finding that his earlier decision had not fully addressed whether certain evidence admitted at trial related to immunized official acts. Hellerstein reviewed the question and concluded again that the conduct at issue — the hush money arrangement — was personal, not presidential.
Trump’s attorneys announced they would appeal Friday’s ruling immediately. A statement from Trump’s team called the decision baseless and lawless and said Trump would continue fighting what they described as Democrat weaponization of the justice system. The case now heads back to the appellate courts. Trump’s underlying state-level conviction and sentence remain in place while the appeals process continues.
Source: CNN, ABC News, Al Jazeera, CNBC, NBC News, Washington Times, QZ