A federal judge in New York denied former President Donald Trump's attempt to move his criminal hush money case from state to federal court on August 28, 2026. [1, 2, 3] Judge Alvin Hellerstein ruled the criminal case, brought by Manhattan District Attorney Alvin Bragg, involves Trump's personal conduct and not his official presidential acts. [1, 3]
Trump was convicted in May 2024 in Manhattan State Court on 34 felony counts of falsifying business records related to a $130,000 hush money payment to adult film star Stormy Daniels. [1, 2, 3] Daniels alleged she had a sexual encounter with Trump that could have affected the 2016 presidential campaign; Trump denies the claim. [1, 3]
Trump’s legal team cited the July 2024 U.S. Supreme Court ruling in Trump v. United States, which granted broad immunity to presidents for official acts, arguing the conviction should be overturned or transferred to federal court. [1, 3] However, Judge Hellerstein rejected the immunity claim, stating, "Paying hush money to an adult film star or engaging in a cover-up of an embarrassment are not subsumed in presidential immunity." [1]
The judge also criticized Trump for waiting too long to seek removal from state court. He said, "He cannot play one court against another; he cannot seek victory in one court, and then, when it becomes apparent that the court will rule against him, seek to remove his case to another court." [2]
On August 28, 2026, Trump's legal team filed a notification that they will appeal the decision denying the transfer to federal court. [1, 3] A spokesman for Trump declared, "President Trump will be filing a powerful appeal, and will continue defeating Democrat weaponisation at every turn." [1]
The next step in the case awaits resolution of the appeal Trump’s team plans to pursue challenging the state court handling of the criminal conviction.
