LOS ANGELES, California, August 31, 2026 — A federal judge rejected President Trump’s request Friday to transfer his hush money conviction into federal court. It is the third time Judge Alvin Hellerstein has denied that request. This dealt a blow to his appeal of his 2024 criminal conviction.
Judicial Denial of Case Transfer
Hellerstein wrote that the reasons for a second removal put forth by Trump are both “not new” and “legally insufficient.” Trump did not show good cause and diligence in pursuing the request, he said. Hellerstein ruled the case involved private misconduct, not his public presidential acts.
The decision came after a directive by the 2nd Circuit Court of Appeals requiring closer scrutiny of the immunity issue. The appellate panel directed Hellerstein to take another look at how a Supreme Court ruling about immunity would apply to the lawsuit. That precedent on immunity did not justify removing the case to federal court altogether, Hellerstein concluded.
Rejection of Presidential Immunity Claims
Trump was convicted for paying $130,000 at no interest to Stormy Daniels as hush money in May 2024. He wanted to keep her claims from interfering with his presidential run in 2016. He was convicted by a jury in Manhattan on 34 counts of falsifying business records.
He was the first U.S. president, either serving or retired, to be criminally convicted. He has long denied any wrongdoing and claimed that the case was politically motivated. Throughout his second term, the conviction has continued to be one of the signature legal hurdles.
Trump argued his conviction should be overturned based on a Supreme Court ruling on immunity in 2024. The Supreme Court ruled that presidents cannot be prosecuted for official acts. In the Trump statement, he argued that jurors were incorrectly allowed to hear evidence related to his actions while president during his first term.
Next Steps in the Appellate Process
That includes evidence of communication, such as the testimony of former communications director Hope Hicks. Hellerstein dismissed that claim, saying the evidence in dispute did not constitute an official presidential act. Trump’s lawyers argue the evidence should have been kept out as barred by an immunity standard.
Soon after the ruling was issued Friday, Trump’s lawyers filed a notice of appeal. The case is being sent back to the 2nd Circuit Court of Appeals. A White House spokesman remarked that Trump had already won at that same appellate court once before.
Meanwhile, the appeal going forward will not affect his state conviction. This has been a procedural nightmare of a case, so legal experts say the case could last months. The New York State Unified Court System is where court records and filings are maintained.
Legal experts say the back-to-back denials show that the courts — operating under standard grand jury procedures — have uniformly viewed the immunity issue a certain way. Trump’s broader legal team also seeks concurrent appeals in several other active cases. It remains one of the most closely monitored litigation tests of presidential immunity to date according to legal research by the Federal Judicial Center.
Constitutional scholars say that the case could determine how immunity claims will now be applied in presidential cases. Due to the nature of the legal questions at stake, it will take months for an appeal to wind its way through appellate courts as analyzed by the American Bar Association. Prosecutors in Manhattan have not commented publicly on the latest ruling.
Trump’s lawyers have indicated they will pursue every option to appeal. Political experts said they expect the case to linger as a topic of conversation throughout much of the midterm campaign season. The eventual ruling by the 2nd Circuit could potentially have much bigger ramifications than this particular case.
