Judge set to hear arguments as court gives Trump another shot at nixing hush money conviction
NEW YORK– A federal judge is scheduled to hear arguments Wednesday after an appeals court ordered him to take a fresh look at President Donald Trump’s attempt to expunge his hush money conviction.
In November, the 2nd U.S. Circuit Court of Appeals ordered U.S. District Judge Alvin K. Hellerstein to reconsider his decision to keep the case in state court instead of moving it to federal court, where Trump can seek dismissal on grounds of presidential immunity.
A three-judge panel ruled that Hellerstein erred by failing to consider “material issues relevant” to Trump’s request to move the case from New York to federal court. They said they “express no opinion” on how he should govern.
Trump, a Republican, is not expected to attend Wednesday’s oral arguments in New York federal court, which were preceded by lengthy written submissions from Trump’s lawyers and the Manhattan district attorney’s office, which prosecuted the case and wants it to remain in state court.
Hellerstein, who was appointed by Democratic President Bill Clinton, has twice rejected Trump’s requests to move the case.
The first occurred after Trump’s indictment in March 2023; the second follows Trump’s conviction in May 2024 and a subsequent ruling by the United States Supreme Court that presidents and former presidents cannot be prosecuted for official acts.
In the subsequent ruling, at issue in the 2nd Circuit’s decision, Hellerstein said Trump’s lawyers failed to meet the high burden of proof for a change of jurisdiction and that Trump’s conviction for falsifying business records involved his personal life, not official actions that the Supreme Court has deemed immune from prosecution.
The 2nd Circuit panel said Hellerstein’s decision, which echoed his previous denial, “did not consider whether certain evidence admitted at trial in state court related to immunized official acts or, if it did, whether evidentiary immunity transformed” the secrecy case into one relating to official acts.
All three judges said Hellerstein should carefully consider evidence that Trump’s allegations relate to official acts.
If Hellerstein concludes that the prosecution relies on evidence of official acts, the judges said, he should consider whether Trump can claim those actions were taken in the course of his duties in the White House, whether Trump “diligently sought” to have the case brought in federal court and whether the case can even be brought in federal court now that Trump has been convicted and sentenced in state court.
Trump was convicted in May 2024 of 34 counts of falsifying business records to conceal a hush money payment to adult film actor Stormy Daniels, whose allegations of an affair with Trump threatened to upend his 2016 presidential campaign. He was sentenced to an absolute discharge, leaving his conviction intact but sparing him any punishment.
Trump denies Daniels’ claims and has said he did nothing wrong. He asked a state appeals court to overturn the conviction.
