Sunita SomvanshiA federal judge in New York has rejected Donald Trump’s latest attempt to escape his Manhattan criminal conviction by moving the case to federal court. The ruling, handed down August 28, closes one legal door but leaves the rest of his legal troubles wide open.
Trump was convicted in May 2024 on 34 counts of falsifying business records. The charges stemmed from a $130,000 payment made by Michael Cohen to Stormy Daniels, which prosecutors said was directed by Trump before the 2016 election.
After the Supreme Court ruled in Trump’s favor on presidential immunity last summer, his lawyers saw an opening. They argued that because some evidence and testimony used in the state case involved conduct related to the presidential period, the whole case should move to federal court where presidential immunity might provide better protection. The underlying hush-money payment and the business-record entries at issue date to 2016, before Trump became president.
But U.S. District Judge Alvin Hellerstein wasn’t convinced. Under federal law, removal to federal court after a state jury trial and verdict requires demonstrating good cause and continuous diligence. Trump’s legal team missed that threshold. The judge found their arguments weren’t new—they’d essentially made the same points before. The legal standard for post-trial removal simply wasn’t met.
More importantly, the judge rejected Trump’s argument that the evidence and conduct at issue were protected by presidential immunity. The Supreme Court’s immunity decision protected official presidential acts—things like national security decisions or constitutional powers. Conduct in 2016 involving personal payments and business records doesn’t fit that definition. It’s private conduct, not official conduct.
Trump’s conviction stands. His state-court case remains in New York courts. He can continue appealing through the state appeals process. The judge made clear that this particular legal strategy won’t work. The pathway to federal court has been blocked, but Trump’s legal challenges will continue through state courts.
This is a setback for Trump’s legal team, but it’s not the final word on everything. It’s simply one court saying no to one specific request.
