NEW YORK — President Donald Trump has suffered another legal setback in his effort to overturn his New York hush money conviction, after a federal judge rejected his latest attempt to move the state criminal case into federal court and have the conviction dismissed on presidential immunity grounds.
U.S. District Judge Alvin K. Hellerstein ruled Friday that Trump’s latest arguments were “neither new nor legally sufficient” and that his legal team had failed to demonstrate the required good cause and diligence for bringing the case into federal court.
The ruling marks the third time Hellerstein has rejected Trump’s effort to have the federal court take control of the case. Trump has indicated that he will appeal the decision.
Conviction remains intact
Trump was convicted in May 2024 of 34 felony counts of falsifying business records related to a $130,000 payment made to adult-film actor Stormy Daniels before the 2016 presidential election.
Prosecutors said the payment was intended to keep Daniels from publicly discussing an alleged sexual encounter with Trump. Trump has denied having sex with Daniels and has maintained that he did nothing wrong.
Trump was ultimately given an unconditional discharge, meaning he received no jail sentence or other criminal punishment, but the guilty verdict itself remained in place. He is separately challenging the conviction through the New York state appellate process.
The conviction was historic: Trump became the first former and current U.S. president to be convicted of a crime.
Trump relies on presidential immunity ruling
Trump’s latest effort is based largely on the U.S. Supreme Court’s 2024 decision recognizing broad presidential immunity from criminal prosecution for official presidential acts.
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His lawyers have argued that evidence presented during the New York trial included actions and statements connected to Trump’s presidency and therefore should have been protected by presidential immunity.
The 2nd U.S. Circuit Court of Appeals previously ordered Hellerstein to reconsider his earlier rejection of Trump’s federal-court request, instructing him to examine more closely Trump’s arguments concerning presidential immunity and whether evidence used at trial involved official acts.
Hellerstein ultimately rejected the argument.
The judge concluded that the conduct underlying the hush money case involved private matters rather than official presidential responsibilities. He specifically rejected the idea that discussions about hush money connected to an alleged affair could qualify as an official presidential act.
Judge criticizes Trump’s legal strategy
Hellerstein also focused heavily on the timing of Trump’s legal maneuver.
After the Supreme Court’s immunity ruling, Trump’s lawyers initially asked New York Judge Juan Merchan, who presided over the original criminal case, to overturn the conviction.
They did not seek to move the case into federal court until nearly two months later.
Hellerstein said that was a strategic choice made by Trump’s legal team. Because they first pursued relief in state court, the judge concluded that Trump could not later use the delay as sufficient justification for a second attempt to remove the case to federal court.
In his ruling, Hellerstein characterized Trump’s latest attempt as seeking a “second bite at the apple.”
Trump plans another appeal
Trump’s legal team immediately signaled that the fight is not over.
A spokesperson for the president called Hellerstein’s ruling “baseless and lawless” and said Trump would appeal.
The defense continues to argue that the Supreme Court’s presidential-immunity ruling provides a constitutional basis for overturning the conviction.
The latest ruling therefore does not end Trump’s broader challenge to the conviction.
Instead, it closes another route through which his lawyers sought to move the case from New York state court into the federal system.
What happens next
Trump’s conviction remains in force while his legal team continues pursuing appeals.
The immediate issue following Friday’s ruling will be whether an appellate court accepts Trump’s challenge to Hellerstein’s decision.
At the same time, his separate state-court appeal remains pending.
For now, the federal judge’s ruling leaves the original 34-count felony conviction untouched.
Key Facts
- Defendant: President Donald Trump
- Case: New York hush money criminal case
- Conviction: 34 felony counts of falsifying business records
- Verdict: May 2024
- Payment: $130,000 to Stormy Daniels
- Federal judge: Alvin K. Hellerstein
- Latest ruling: August 28, 2026
- Federal-court request: Rejected
- Number of Hellerstein rejections: Three
- Trump’s next step: Appeal
- Current status: DEVELOPING — CONVICTION REMAINS INTACT
Reporting Credit: U.S. District Court for the Southern District of New York — Judge Alvin K. Hellerstein’s ruling; New York State Supreme Court, New York County — original criminal proceedings; U.S. Court of Appeals for the Second Circuit — appellate proceedings.
