Summary (tl;dr)

A federal judge has again rejected former President Donald Trump's attempt to move his New York "hush money" criminal conviction to federal court, reaffirming that the case should remain in state jurisdiction.

Essential Background

In May 2024, former President Donald Trump was convicted in New York state court on 34 felony counts of falsifying business records. This conviction stemmed from a $130,000 "hush money" payment made to adult film star Stormy Daniels before the 2016 presidential election, which prosecutors argued was concealed through falsified business records. Trump has consistently denied the allegations and claimed the payments were not related to his presidential duties.

The Full Story

On Friday, August 28, 2026, U.S. District Judge Alvin Hellerstein denied former President Donald Trump's latest bid to transfer his "hush money" conviction from New York state court to federal court. This marks the third time Judge Hellerstein has rejected such a move. Trump's legal team sought to move the case, arguing that federal court would offer broader presidential immunity protections, especially following a 2024 Supreme Court ruling on presidential actions. However, Judge Hellerstein ruled that the "hush money" payments and the related falsification of business records were private acts, not official presidential duties, and thus not covered by immunity. He also stated that Trump's request was untimely, having waited nearly two months after his conviction to make this particular legal challenge, and lacked sufficient new legal grounds.

Why It Matters

This decision is significant as it keeps former President Trump's historic criminal conviction within the New York state court system, denying his attempt to leverage federal jurisdiction and presidential immunity arguments to overturn the verdict. The ruling by Judge Hellerstein reinforces the legal interpretation that actions deemed personal, even if performed while in office, may not be protected by presidential immunity. Trump's legal team has announced plans to appeal this decision, indicating that the legal battles surrounding this conviction are far from over and will continue to be a focal point in political and legal discourse.

Geographic Location

• U.S. District Court for the Southern District of New York, Manhattan, New York County, New York, United States (Judge Alvin Hellerstein's ruling denying transfer of case)
• New York County Supreme Court, Manhattan, New York County, New York, United States (location of the original state criminal trial and conviction)