Published On 29 Aug 2026
A U.S. federal judge has once again denied former President Donald Trump’s request to transfer his criminal hush-money case from state to federal court, marking the third rejection of his petition to dismiss his felony conviction.
On Friday, Judge Alvin Hellerstein refused Trump’s motion, determining that the president’s arguments were “neither novel nor legally persuasive.”
Trump made history in 2024 as the first U.S. president to be convicted of a crime, when a New York jury found him guilty on 34 counts of falsifying business records related to hush-money payments.
Prosecutors contended that Trump sought to hide payments to adult film actress Stormy Daniels to prevent negative publicity during his 2016 presidential campaign.
Despite maintaining his innocence, Trump has argued that his conviction should be overturned based on a 2024 Supreme Court ruling expanding presidential immunity. However, Hellerstein has consistently rejected this argument.
“Making hush money payments to an adult film star or covering up personal embarrassments does not fall under presidential immunity,” Hellerstein wrote in his ruling.
Trump’s legal team has already announced plans to appeal, calling Hellerstein’s decision “baseless and lawless.”
“President Trump will file a strong appeal and will continue to fight against Democratic prosecution at every opportunity,” his legal team stated.
The case involves a $130,000 payment allegedly made by Trump through his attorney Michael Cohen to purchase Daniels’ silence after she publicly claimed she had an affair with the Republican leader during his marriage. Trump has consistently denied any romantic relationship with Daniels.
Falsifying business records in New York typically constitutes a misdemeanor but can be elevated to a felony when connected to another crime. Prosecutors in the hush-money case argued that Trump intended to unlawfully influence the 2016 election, which he eventually won.
The New York indictment was one of four charges Trump faced in 2023 between his two terms as president.
The remaining indictments involved allegations of mishandling classified documents and attempting to undermine the 2020 election, which he lost. These cases were ultimately dismissed following Trump’s victory in the 2024 re-election.
Of the four indictments, only the New York case proceeded to trial. Although the felony convictions could have resulted in imprisonment or fines, Judge Juan Merchan sentenced Trump to an unconditional discharge on January 10, 2025, just days before his second inauguration.
Trump has continued to challenge his conviction through appeals while simultaneously pursuing transfer to federal court, hoping to have the charges dismissed entirely.
As part of his appeal strategy, Trump’s legal team cited a July 2024 Supreme Court ruling that expanded the scope of presidential immunity.
The decision broadened presidential protection from prosecution for official actions to include “presumptive immunity” for anything deemed an “official act,” though this standard remains undefined.
Trump’s attorneys argued that since the hush-money case involved evidence from his presidency, it should fall under this expanded immunity.
Hellerstein has previously rejected similar arguments. In November, the 2nd U.S. Circuit Court of Appeals ordered him to reconsider the case following the Supreme Court’s decision, though without directing a specific outcome.
In Friday’s ruling, Hellerstein dismissed suggestions from Trump’s team that he would simply follow the appeals court’s guidance.
“Federal district courts are not mere certifying clerks,” the judge wrote.
Hellerstein also directly addressed the Supreme Court’s decision, concluding that Trump’s interactions with Daniels did not constitute “official acts” of the presidency, even if they occurred during his time in office.
“There is no way that discussions concerning hush money payments to conceal the President’s relationship with Stormy Daniels could qualify as official acts. A personal affair, or efforts to hide an affair, falls outside the ‘outer boundaries’ of presidential official duties,” Hellerstein wrote.
