President Donald Trump has once again lost a bid to transfer his criminal hush-money case from state to federal court, in a bid to have his felony conviction dropped. On Friday, Judge Alvin Hellerstein declined Trump’s petition for a third time, ruling that the president’s arguments were neither new nor legally sufficient.
Judge Hellerstein Rejects Third Removal Request
U.S. District Judge Alvin K. Hellerstein issued a 35-page ruling finding that Trump’s arguments were neither new nor legally sufficient,
particularly his claims that trial testimony by former aides and a lawyer, along with his social media statements, infringe on presidential immunity. District Court in Manhattan seize control of the case from the New York state court where he was tried and convicted. Hellerstein, a 92-year-old appointee of former President Bill Clinton who is currently presiding over the criminal case of former Venezuelan dictator Nicolas Maduro, had previously rejected Trump’s initial pretrial bid and a post-conviction attempt to move the case. I reaffirm my former decision,
Hellerstein wrote. The president's motion is denied.
Judge Hellerstein concluded that Trump’s request came too late, given that his May 2024 conviction had already been entered before he sought to shift the case. He further determined that a post-conviction, post-sentencing removal to federal court was not legally available to Trump. He has failed to show good cause and diligence,
Hellerstein wrote, adding that a defendant cannot play one court against another by seeking victory in one court, and then seeking to remove the case when it becomes apparent that the court will rule against him. Circuit Court of Appeals, writing that Federal district courts are not certifying clerks.
Trump became the first US president to be convicted of a crime in 2024, when a New York City jury found him guilty of 34 counts of falsifying business records. Trump’s lawyers maintained that his conviction should be tossed, given a 2024 Supreme Court decision expanding presidential immunity. But Hellerstein once again rejected that argument, stating that the evidence presented at trial did not infringe on presidential immunity and that Trump had not shown the Manhattan District Attorney’s Office prosecuted him.
Origins and Background of the Hush Money Case
Trump was convicted in May 2024 on 34 felony counts of falsifying business records linked to a $130,000 hush money payment made to adult film star Stormy Daniels ahead of the 2016 presidential election. Prosecutors had argued that Trump attempted to conceal hush-money payments to the adult film star to avoid negative attention during his 2016 presidential bid. The case centred on a $130,000 payment made by Trump’s then-lawyer Michael Cohen to Daniels during the 2016 presidential campaign. Daniels said she was paid to remain silent about an alleged sexual encounter with Trump, a claim Trump has denied.
The payment itself was not illegal. The criminal case instead centred on how Trump recorded reimbursements made to Cohen after the payment. Prosecutors alleged that the reimbursements were falsely recorded in Trump’s business records as legal expenses, and argued that the records were falsified to conceal another crime.
Appellate History and Defense Response
By midafternoon Friday, Mr. Trump’s legal team had notified the lower court it was appealing the ruling, which a spokesperson for the team called baseless and lawless.
President Trump will be filing a powerful appeal, and will continue defeating Democrat weaponization at every turn,
a statement from Trump’s team said.
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