Judge Rejects Trump's Third Attempt to Move His New York Hush-Money Conviction Into Federal Court

U.S. District Judge Alvin Hellerstein on Aug. 28, 2026 denied President Trump's latest bid to move his New York criminal conviction out of state court, the third time he has rejected the request. "The grounds for a second removal cited by Defendant, Donald J. Trump, are neither new nor legally sufficient," Hellerstein wrote. "He has failed to show good cause and diligence." He added that the verdict withstands presidential immunity in any event, writing that paying hush money to an adult film star or covering up an embarrassment "are not subsumed in presidential immunity."\n\nTrump was convicted on 34 counts of falsifying business records over a $130,000 payment to Stormy Daniels, the only one of his four criminal prosecutions to reach trial. Federal removal exists so that officials prosecuted for acts under color of office can reach a neutral forum; the ruling keeps the case in the state system the president has sought to leave.\n\nTrump immediately asked the Second Circuit to overturn the decision, which had directed Hellerstein in November to reconsider. His legal team called the ruling "baseless and lawless." The Manhattan district attorney's office declined to comment.