A federal judge on Friday once again spurned President Trump’s effort to erase his hush money conviction, rejecting the president’s bid to move the state court case to federal court and have it dismissed on presidential immunity grounds.
U.S. District Judge Alvin K. Hellerstein said Mr. Trump’s reasons for renewing his request were “neither new nor legally sufficient,” particularly his claims that trial testimony by former aides and a lawyer, along with his social media statements, infringe on presidential immunity.
“They do not; paying hush money to an adult film star or engaging in a cover-up of an embarrassment are not subsumed in presidential immunity,” the judge said, referring to the $130,000 payoff to adult film actor Stormy Daniels.
At one point, Hellerstein noted that the president’s lawyers thought it was his job to merely certify the record in the state trial court to the 2nd U.S. Circuit Court of Appeals.
“Federal district courts are not certifying clerks,” the judge wrote.
It is the third time Hellerstein has blocked Mr. Trump from having the U.S. District Court in Manhattan seize control of the case from the New York state court where he was tried and convicted.
By midafternoon Friday, Mr. Trump’s legal team had notified the lower court it was appealing the ruling, which a spokesperson for the team called “baseless and lawless.”
“The Supreme Court’s historic decision on Immunity, the Federal and New York State Constitutions, and other established legal precedent mandate that the Witch Hunt perpetrated by the Manhattan DA be removed to federal court, and immediately overturned and dismissed,” read a statement issued on behalf of the legal team to The Associated Press. “President Trump will be filing a powerful appeal, and will continue defeating Democrat weaponization at every turn.”
The president was convicted in 2024, in between his two terms, on 34 felony counts of falsifying business records for a $130,000 “hush money” payment to Daniels, who accused the president of an extramarital affair years earlier. He was given a sentence of unconditional discharge, which included no jail time or other restrictions. The president has denied both the affair with Daniels and any wrongdoing in connection with the payment to her.
The guilty verdict made Mr. Trump the first former — and now current — U.S. president to be convicted of a crime. He is also challenging his conviction through the state court appellate process, which is pending.
State prosecutors did not immediately respond to a request for comment.
Hellerstein rejected Mr. Trump’s requests to move the case twice before. The first was after his March 2023 indictment. The second was after his trial, as his lawyers sought to nix his conviction in the wake of the Supreme Court’s July 2024 ruling that presidents and ex-presidents can’t be prosecuted for official acts and prosecutors can’t use official acts as evidence that unofficial actions were illegal.
Mr. Trump appealed Hellerstein’s post-trial ruling and, last November, the 2nd Circuit ordered the judge to reconsider his decision, finding that he had failed to consider “important issues relevant” to the president’s request to move the case.
A three-judge appellate panel said it expressed no view on how he should rule but instructed Hellerstein to closely review evidence that Mr. Trump claimed was related to official acts and whether the president could argue those actions were taken as part of his White House duties.
On Friday, Hellerstein wrote: “There is no way that discussions regarding hush money payments to cover up the President’s relations with Stormy Daniels could be an official act. An affair, or a cover-up of an affair, is not within the ‘outer perimeter’ of the President’s official responsibilities.”
The judges also instructed Hellerstein to determine if Mr. Trump had “diligently sought” to have the case moved to federal court and whether the case can even be moved to federal court now that the president has been convicted and sentenced in state court.
During oral arguments in February, Hellerstein took issue with the Trump legal team’s decision-making after the Supreme Court ruling.
Instead of immediately seeking to move the case to federal court, he noted, Mr. Trump’s lawyers first asked the trial judge in state court, Juan Merchan, to throw out the verdict on immunity grounds. Normally, such a request must be made within 30 days of an arraignment, but a federal appeals court in Washington, D.C., has ruled that exceptions can be made if “good cause” is shown.
Trump lawyer Jeffrey Wall argued that prosecutors rushed to trial instead of waiting for the Supreme Court’s presidential immunity decision and that the president’s legal team was crunched for time after the high court’s ruling because his sentencing was scheduled for just 10 days later.
Mr. Trump’s lawyers did not ask Hellerstein to intervene until nearly two months later, while their request to Merchan was still pending. The judge called that a “strategic decision” and suggested that by going to the state court first, his lawyers cost him the right to pursue remedies in federal court.
In his written ruling Friday, Hellerstein said Mr. Trump was asking for a “‘second bite at the apple,’ a result the law disfavors.”
The judge added that “Trump’s delay in filing for removal constitutes a ‘quintessential strategic decision,’ and the ‘fact that he later came to view that decision as a poor one is not sufficient, by itself, to establish cause.'”
