Judge Hellerstein Blocks Trump’s Third Bid to Move Hush Money Case to Federal Court

Judge Alvin K. Hellerstein rejected President Trump’s bid to move his New York state criminal hush money case to federal court on Friday, August 28. The judge ruled that Trump’s arguments were “neither new nor legally sufficient” and that paying hush money to adult film actress Stormy Daniels is private conduct, not protected by presidential immunity. This marks the third time Hellerstein has blocked the transfer. Trump was convicted in May 2024 on 34 felony counts of falsifying business records tied to a $130,000 payment to Daniels.

Why Trump wanted the case moved to federal court

Trump’s lawyers argued that a 2024 U.S. Supreme Court decision on presidential immunity should shield him from prosecution. They claimed testimony from former aides, lawyers, and his social media statements during the trial violated his immunity rights. Moving the case to federal court could have allowed Trump to vacate his conviction entirely. A federal appeals court ordered Hellerstein to reconsider the motion in light of the Supreme Court’s immunity ruling.

Hellerstein’s ruling on presidential immunity

The judge wrote that paying hush money to an adult film star or engaging in a cover-up of an embarrassment are not subsumed in presidential immunity. Hellerstein stated the $130,000 payment arose from Trump’s private conduct surrounding reimbursement to Stormy Daniels, bearing no substantive relation to his federal office. He added that interpreting the conduct as “relating to” federal office would make the immunity doctrine “so broad that it is meaningless.”

Trump’s immediate appeal

Trump’s legal team announced Friday afternoon it would appeal Hellerstein’s ruling, calling it “baseless and lawless.” A spokesman stated that the Supreme Court’s historic decision on immunity, the Federal and New York State Constitutions, and other established legal precedent mandate that the case be removed to federal court and immediately overturned and dismissed. The legal team vowed to continue fighting what it calls “Democrat weaponization.”

Final Thoughts

Hellerstein’s third rejection narrows Trump’s legal options in the New York case. The conviction stands for now, though the appeal process continues. The ruling signals the judge views the hush money payments as personal conduct outside presidential immunity protections.

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