Federal judge rejects Trump’s bid to move Stormy Daniels case to federal court
Judge Alvin Hellerstein found the hush‑money payment was personal conduct outside presidential immunity; Trump’s lawyers say they will appeal.
A federal judge in Manhattan refused President Donald Trump’s request to move the New York criminal case tied to alleged hush‑money payments to porn actor Stormy Daniels into the federal court system, dealing another setback to efforts to overturn his conviction.
Judge says payment was personal conduct, not an official act
Judge Alvin Hellerstein ruled after a three‑judge panel of the U.S. Court of Appeals for the Second Circuit asked him to take a closer look at how a July 2024 U.S. Supreme Court decision on presidential immunity affects the New York prosecution. Hellerstein concluded the matter concerns Trump’s personal behavior, not presidential duties.
Trump was convicted in May 2024 of concealing a $130,000 payment to Stormy Daniels, who says she had a sexual encounter with him that could have affected the 2016 campaign. The jury found him guilty on 34 counts of falsifying business records in the case brought by Manhattan District Attorney Alvin Bragg.
Hellerstein wrote: "Paying money to silence a porn actress or concealing an embarrassing matter is not covered by presidential immunity."
The judge’s decision follows a separate development when Judge Juan Merchan, who presided over the trial, on January 10, 2025 imposed an unconditional sentence on Trump — no jail time and no fine — explaining that such a punishment, while leaving the conviction in place, would avoid disrupting Trump’s second presidential term, which began on January 20, 2025.
Trump has denied Daniels’ allegations and pointed to his victory over Democratic nominee Hillary Clinton in 2016. His lawyers told the court they will appeal Hellerstein’s ruling, and a spokesperson for his legal team said: "President Trump will file a vigorous appeal and will continue to defeat the political abuse of institutions by the Democrats."
Observers note that the three judges on the appeals panel were appointed by Democratic presidents, and that District Attorney Alvin Bragg is also a Democrat. Court filings indicate Trump argued parts of the evidence related to his first term should be covered by the Supreme Court immunity decision from July 2024.
Prosecutors have said Stormy Daniels will cooperate with their ongoing inquiries related to the broader probes into Trump. The Manhattan case was the only one of four criminal matters against Trump to reach trial; he has pleaded not guilty in all four cases.
Photo: Profimedia / EPA
