Federal Judge Again Rejects Trump's Renewed Bid To Move Hush-Money Case To Federal Court
Federal Judge Alvin K. Hellerstein on Friday, August 28, 2026 again rejected Donald Trump's attempt to move the Manhattan hush-money case to federal court and to dismiss it on presidential immunity grounds.[1]
Hellerstein said Trump failed to show the required "good cause" for removal after first litigating immunity in New York state court.[2] He wrote that a litigant cannot seek victory in one court and then switch forums when a loss appears likely.[2] The judge found none of the evidence Trump cited involved official presidential acts.[2] He added that "paying hush money to an adult film star or engaging in a cover-up of an embarrassment" is not covered by presidential immunity.[2]
On May 30, 2024, a New York jury convicted Trump on 34 felony counts of falsifying business records tied to a $130,000 payment to Stormy Daniels.[1] Judge Juan Merchan later imposed an "unconditional discharge" in January 2025 that left the conviction intact but imposed no jail time, fines or probation.[2] After the U.S. Supreme Court's July 2024 ruling on presidential immunity, Trump pushed removal and immunity defenses, and the Second Circuit in November 2025 sent Hellerstein's earlier denial back for closer review.[2] Hellerstein held arguments in February 2026 and criticized the choice to pursue immunity first in state court rather than seeking federal removal earlier.[1]
The August 28 order is Hellerstein's third ruling blocking federal removal in the matter.[2] Trump's legal team called the ruling "baseless and lawless" and said it would appeal.[1] Trump is also appealing his conviction to New York's First Department, where his final brief is due in mid-September 2026.[2]
The mainstream summary does not mention the specific grounds for Judge Hellerstein's denial, which include a failure to demonstrate good cause for delay and a lack of statutory basis for removal after the verdict. These details, highlighted by legal reporter @falgallagher, provide a clearer understanding of the judge's rationale beyond simply rejecting Trump's claims. Additionally, while the mainstream account notes that this is Hellerstein's third ruling against Trump, it does not emphasize that the judge had previously ruled the payments were personal acts, a point reiterated by @fuelmeupcc, suggesting a consistent judicial perspective on the nature of the actions in question.
Furthermore, the mainstream summary frames the legal battle primarily as a procedural issue, whereas social media insights indicate a broader context of political implications, such as the historic nature of a president facing conviction and the ongoing state court jurisdiction over the case. This framing by users like @MakeTexasBlue22 underscores the significance of the rulings within the larger narrative of Trump's legal challenges and the evolving landscape of political accountability in the U.S.
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📌 Key Facts
- On Friday, August 28, 2026, Judge Alvin K. Hellerstein issued a written order again rejecting Donald Trump's renewed attempt to remove the Manhattan district attorney's hush‑money case to federal court and to dismiss it on presidential immunity grounds (Judge Alvin K. Hellerstein).
- Hellerstein held that Trump failed to show the required "good cause" for removal after first litigating the Supreme Court immunity issue in New York state court, saying a litigant cannot seek victory in one court and then switch forums when a loss appears likely (good cause).
- The judge found that none of the evidence Trump cited involved official presidential acts and wrote that "paying hush money to an adult film star or engaging in a cover‑up of an embarrassment" is not covered by presidential immunity (paying hush money to an adult film star).
- The decision marks Hellerstein's third ruling blocking removal in the matter — he first rejected removal in July 2023, Trump withdrew that appeal in November 2023, Hellerstein summarily denied a post‑conviction removal motion in mid‑2024, and the Second Circuit vacated that order in November 2025 and directed closer consideration (third ruling).
- Hellerstein said Trump's delay in seeking removal after the Supreme Court's July 2024 immunity decision was a "quintessential strategic decision," criticized the choice to raise immunity first in state court during February 2026 oral arguments, and concluded the renewed reasons were "neither new nor legally sufficient" (February 2026 oral arguments).
- Trump's legal team called the August 28, 2026 ruling "baseless and lawless" and announced plans to appeal Hellerstein's decision (Trump's legal team).
- Background: Trump was convicted in May 2024 on 34 felony counts of falsifying business records related to a $130,000 payment to Stormy Daniels, received an unconditional discharge in January 2025 that left the conviction intact but imposed no jail, fines or probation, and is appealing to New York's First Department with a final brief due in mid‑September 2026 (34 felony counts).
📰 Source Timeline (3)
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- On Friday, August 28, 2026, Judge Alvin K. Hellerstein issued a new written order again rejecting Trump's attempt to remove the New York hush-money case to federal court and dismiss it on presidential immunity grounds.
- Hellerstein found that the reasons Trump cited for renewing his removal request after the Second Circuit remand were 'neither new nor legally sufficient' and that Trump 'failed to show good cause and diligence.'
- The ruling marks the third time Hellerstein has blocked Trump from having the U.S. District Court in Manhattan take control of the hush-money case from New York state court.
- Hellerstein held that Trump's delay in seeking removal after the Supreme Court's July 2024 immunity decision was a 'quintessential strategic decision' and that wanting a 'second bite at the apple' is not sufficient cause.
- During February 2026 oral arguments referenced in the opinion, Hellerstein criticized Trump's legal team for going to state Judge Juan Merchan first on immunity rather than immediately seeking federal removal, saying that choice undercut their removal claim.
- Trump's legal team responded by calling the ruling 'baseless and lawless' and announced plans to file an appeal of Hellerstein's August 28, 2026 decision.
- The article reiterates that Trump was convicted in May 2024 on 34 felony counts of falsifying business records related to a $130,000 payment to Stormy Daniels and received an unconditional discharge that left the conviction intact but imposed no punishment.
- On Friday, August 28, 2026, Judge Alvin Hellerstein again denied Donald Trump's renewed attempt to remove the Manhattan district attorney's hush-money case to federal court.
- Hellerstein held that Trump failed to show the required "good cause" for trying to remove the case after first litigating the Supreme Court immunity issue in New York state court, writing that a litigant cannot seek victory in one court and then switch forums when a loss appears likely.
- The judge specifically found that none of the evidence Trump cited involved official presidential acts and wrote that "paying hush money to an adult film star or engaging in a cover-up of an embarrassment" is not covered by presidential immunity.
- This marks Hellerstein's third ruling against removal in the case: he first rejected removal in July 2023, Trump withdrew that appeal in November 2023, and Hellerstein summarily denied a post-conviction removal motion in mid-2024 before the Second Circuit vacated that order in November 2025 and directed closer consideration.
- The article notes that Trump is simultaneously appealing his conviction in New York's First Department, where his final brief is due in mid-September 2026, and that trial Judge Juan Merchan imposed an "unconditional discharge" in January 2025 that left the conviction but no jail, fines, or probation.