A federal judge on August 28 denied former President Donald Trump’s request to move his New York hush money case from state to federal court. Judge Alvin Hellerstein ruled that Trump’s attempt to transfer the case was untimely, as it came after his May 2024 conviction on falsified business records charges.
The decision marks the second time Hellerstein has rejected Trump’s efforts to relocate the case to U.S. District Court in Manhattan. In his ruling, Hellerstein stated that Trump could not delay seeking removal until after a conviction and then argue for federal jurisdiction. The judge also determined that Trump had no legal grounds to remove the case from state court post-conviction.
Hellerstein’s ruling addressed multiple aspects of Trump’s argument. He noted that the evidence presented at trial did not involve presidential immunity and that Trump had not demonstrated that his prosecution was tied to his prior role as president. The judge emphasized that Trump’s actions did not meet the criteria for federal jurisdiction under relevant legal standards.
The case stems from a 2016 hush money payment made to adult film actress Stormy Daniels to suppress her claims of an affair with Trump before the presidential election. Trump was convicted in May 2024 of 34 felony counts of falsifying business records in Manhattan state court, a decision he has appealed. The sentencing phase of the case has not yet been scheduled.
Legal experts note that the ruling underscores the procedural challenges Trump faces in attempting to relocate high-profile criminal cases to federal courts. The decision also highlights the limitations of claims related to presidential immunity in state-level prosecutions. Prosecutors in the case have not yet responded publicly to Hellerstein’s ruling.
The outcome leaves the case under the jurisdiction of New York state courts, where Trump’s legal team must now proceed with post-conviction motions and potential sentencing. The ruling does not affect the validity of the conviction itself, which remains subject to appeal.