Federal Judge Alvin Hellerstein says Trump’s latest arguments for transferring the case are neither new nor legally sufficient.
A US federal judge has rejected President Donald Trump’s latest attempt to move his New York hush money criminal case from a state court to a federal court.
Federal Judge Alvin Hellerstein delivered the ruling on Friday, August 28, 2026, refusing Trump’s request to transfer the case. The judge said the grounds presented by Trump for seeking a second transfer were “neither new nor legally sufficient.”
The decision marks another setback for Trump in his efforts to challenge the case and potentially have his conviction reviewed under a different legal framework.
Judge Reaffirms Earlier Decision
Judge Hellerstein had previously rejected Trump’s request to move the case to federal court. However, a federal appeals court later directed him to reconsider the matter following the US Supreme Court’s landmark 2024 ruling on presidential immunity.
After reviewing Trump’s latest arguments, Hellerstein said he was reaffirming his previous decision.
“I reaffirm my former decision. The president’s motion is denied,” the judge concluded.
Trump had argued that the Supreme Court’s ruling on presidential immunity could affect the legal status of certain evidence and testimony used during the prosecution.
Case Involves 34 Felony Convictions
The case stems from a $130,000 payment made to adult film actress Stormy Daniels, whose legal name is Stephanie Clifford.
Trump was convicted on 34 felony counts of falsifying business records in connection with the payment. Prosecutors had alleged that the business records were falsified to conceal the nature of the transaction.
The former president has strongly disagreed with the verdict and has continued his legal efforts to have the conviction overturned.
His legal team has argued that the Supreme Court’s 2024 decision on presidential immunity could potentially exclude certain evidence or testimony, particularly where presidential official acts may have been involved.
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Trump’s Lawyers Plan Further Appeal
Following the latest ruling, Trump’s lawyers indicated that they plan to appeal the decision.
The legal battle over the hush money case is therefore expected to continue, with Trump seeking to challenge both the state court proceedings and the legal basis on which evidence was considered during the trial.
The Supreme Court’s 2024 ruling established that presidents have immunity for certain official acts, while the scope of immunity for other actions remains subject to legal interpretation.
Trump’s legal team has relied on that ruling to argue that some aspects of the hush money prosecution should be reconsidered.
Case Remains in State Court for Now
With Judge Hellerstein rejecting the latest transfer request, the hush money case will remain within the New York state court system unless a higher court reverses the decision.
The ruling does not itself resolve Trump’s broader challenge to his conviction. Instead, it specifically addresses his effort to move the case from state jurisdiction to federal jurisdiction.
As Trump’s lawyers prepare their next appeal, the case is expected to remain a closely watched legal battle. The outcome of future proceedings could determine whether his arguments regarding presidential immunity and the use of evidence receive further judicial consideration.
