Federal judge again rejects Trump bid to erase hush-money conviction
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A federal judge on Friday rejected President Donald Trump’s renewed effort to move his New York hush-money case into federal court and dismiss his conviction on presidential-immunity grounds.
U.S. District Judge Alvin K. Hellerstein ruled on August 28, 2026, that Trump’s arguments were neither new nor legally sufficient. The decision leaves the New York state-court conviction in place while Trump pursues further appeals.
What the judge decided
Hellerstein refused to take control of the state criminal case and rejected Trump’s request to use the federal courts to dismiss the conviction.
The judge said discussions surrounding the $130,000 payment to Stormy Daniels and the alleged effort to conceal the payment involved personal conduct, not actions within the president’s official responsibilities. Hellerstein wrote that an affair or a cover-up of an affair was not within the outer perimeter of presidential duties.
Hellerstein also said Trump’s renewed arguments did not provide a legally sufficient basis for removal. He characterized the delay in seeking removal as a strategic decision, saying a later belief that the strategy was unwise was not enough to reopen the matter.
Third rejection by Hellerstein
Friday’s ruling was the third time Hellerstein blocked Trump’s effort to transfer the case from New York state court to federal court.
The latest decision followed a 2025 order from the 2nd U.S. Circuit Court of Appeals directing Hellerstein to reconsider his earlier ruling. The appellate panel did not tell him how to decide the case, but said he needed to examine issues involving evidence Trump claimed was connected to official acts and whether he had diligently sought removal.
The federal court’s latest decision rejects that procedural route for now. It does not resolve every argument in Trump’s separate appeal of the New York conviction.
What happens next
Trump’s legal team notified the lower court on Friday that it planned to appeal Hellerstein’s ruling. A spokesperson for the team called the decision “baseless and lawless,” while Trump has continued to describe the prosecution in political terms.
A separate appeal of the New York state-court case also remains pending. The federal appeal and the state appeal are different proceedings, so Friday’s ruling is not a final resolution of Trump’s broader challenges.
The conviction remains intact
Trump was convicted in May 2024 on 34 felony counts of falsifying business records tied to the payment to Daniels. He received an unconditional discharge, meaning the court imposed no punishment, but the conviction remained in place.
For now, the immediate effect of Hellerstein’s decision is limited but clear: the federal court will not take over the New York case, and the conviction has not been erased. Any change would require action from an appellate court or another ruling in the state proceedings.
Sources
- Associated Press — Trump loses again in bid to erase his hush money conviction
- The Washington Post/AP — President Donald Trump loses again in bid to erase his hush money conviction
- 2nd U.S. Circuit Court of Appeals — Trump removal and immunity opinion
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