A federal judge on Friday again rejected President Trump's bid to transfer his New York hush money criminal case to federal court, a move that would have allowed him to argue presidential immunity and potentially overturn the conviction. U.S. District Judge Alvin Hellerstein, who has now denied the request three times, said Trump's latest attempt lacked new legal grounds and was not filed with the required diligence.
Judge Hellerstein, a Clinton appointee on the Manhattan federal bench, wrote in his ruling: "The grounds for a second removal cited by Defendant, Donald J. Trump, are neither new nor legally sufficient. He has failed to show good cause and diligence." The decision comes after an appeals panel instructed Hellerstein to reconsider, saying he had previously dismissed Trump's arguments too quickly.
Trump was convicted on 34 counts of falsifying business records related to a $130,000 hush money payment made to adult film star Stormy Daniels before the 2016 election. The payment, orchestrated by Michael Cohen, Trump's former fixer, was intended to suppress an alleged affair. Cohen, who later became a key prosecution witness, has recently reconciled with Trump and claimed he was coerced into testifying, a development Trump has used to argue the case was politically motivated.
This case was one of four criminal prosecutions Trump faced while campaigning for the presidency. The New York case was the only one to go to trial; the others were dismissed. Trump continues to appeal the conviction in New York state courts, but he has long sought to have the case heard in federal court, where he could invoke the Supreme Court's recent ruling on presidential immunity.
That landmark decision, issued in July, held that former presidents have broad immunity for official acts. Trump argued that his actions in the hush money case were part of his official duties and thus protected. Judge Hellerstein rejected that argument outright, writing: "They do not; paying hush money to an adult film star or engaging in a cover-up of an embarrassment are not subsumed in presidential immunity."
Every judge to consider the immunity argument so far has rejected it. In November, the U.S. Court of Appeals for the 2nd Circuit ruled that Hellerstein had overlooked important issues and needed to revisit Trump's request to move the case to federal court. Friday's ruling reaffirms his original stance.
The Manhattan district attorney's office, which prosecuted the case, declined to comment. Trump's legal team has not yet responded to requests for comment.
This latest setback comes as Trump continues to face legal challenges while also navigating other political battles, including disputes over USPS board appointments and energy policy in New York. The judge's decision is a significant blow to Trump's efforts to escape the conviction through federal jurisdiction.
