A federal judge in New York has rejected former President Donald Trump’s bid to transfer his hush money case involving adult film actress Stormy Daniels from state court to federal court. The decision, issued on August 28 by U.S. District Judge Alvin K. Hellerstein, maintains that the case will continue in the New York state court system.
Trump’s legal team sought to move the proceedings to federal court, arguing that key evidence in the case related to his official duties as president and thus should be protected by presidential immunity—a doctrine recently addressed by the U.S. Supreme Court. However, Judge Hellerstein ruled that the president cannot attempt to seek a more favorable ruling by shifting courts after an unfavorable decision in the state system.
“He cannot play one court against another,” Hellerstein stated, adding that Trump’s motion was a “second bite at the apple,” which the law generally disallows. The judge emphasized that paying hush money to an adult film actress and efforts to cover up such payments do not fall under presidential immunity. He further noted that Trump’s own filings admitted the removal request was made after the state court had nearly rejected the immunity defense.
This ruling follows a similar denial in September 2024 when Hellerstein first declined to move the case to federal court. The issue gained renewed attention after the Supreme Court’s July 2024 decision clarified that presidents are immune from prosecution for official acts and that evidence tied to such acts should be excluded from criminal cases. Trump’s attorneys have argued that much of the evidence used against him in the May 2024 conviction—on 34 felony counts of falsifying business records related to a $130,000 payment to Daniels—originated from actions tied to his official presidential role or White House staff.
The case stems from allegations by Daniels that she had a sexual encounter with Trump, which he denies, and that the payment was intended to suppress the story ahead of the 2016 presidential election. Trump’s legal team has appealed the conviction and sought to have it overturned or dismissed based on the presidential immunity arguments.
In January 2025, Trump was sentenced following the conviction but left the court without receiving probation, jail time, or fines. His legal team’s appeal of the conviction remains pending in the New York state appellate courts. Following Hellerstein’s recent ruling, however, it appears the case will continue under state jurisdiction rather than being transferred to federal court, limiting the application of the Supreme Court’s immunity ruling in this matter. Trump’s personal lawyer, Robert Giuffra Jr., has filed an appeal against Hellerstein’s latest decision. The White House has deferred comment on the issue, referring inquiries to Giuffra.