Trump loses longshot bid to erase hush money conviction
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President Trump appears in court for his hush money trial at Manhattan Criminal Court on May 30, 2024. Photo: Steven Hirsch-Pool/Getty Images)
A federal judge again declined to erase President Trump's hush money conviction on Friday, noting that the president's arguments were "neither new nor legally sufficient."
Why it matters: The loss is another blow to the president, who has sought to get the conviction of 34 felony counts for falsifying business records thrown out after the Supreme Court ruled presidents have immunity for "official acts."
What they're saying: "There is no way that discussions regarding hush money payments to cover up the President's relations with Stormy Daniels could be an official act," Judge Alvin K. Hellerstein wrote in a 35-page filing published Friday.
Catch up quick: Trump was convicted in May 2024 on all counts of falsifying business records, making him the first U.S. president to become a convicted felon.
- The jury found that Trump falsified business records to conceal a $130,000 payment his then-fixer Michael Cohen made to Daniels days before the 2016 election to keep her quiet about an alleged sexual encounter with Trump.
Zoom in: Trump sought to move the state case to federal court following a 2025 Supreme Court ruling that allowed former presidents immunity for certain acts done in their constitutional scope of office.
- The judge ruled that Trump delayed seeking federal review while testing his immunity arguments in state court, putting his request outside the typical deadlines for removing a criminal case to federal court.
- "Trump seeks a 'second bite at the apple,' a result the law disfavors," Hellerstein wrote.
Zoom out: Hellerstein also determined that SCOTUS' immunity ruling didn't protect the president from the state's case. Nor did testimony given during the trial by former White House Press Secretary Hope Hicks, staffer Madeleine Westerhout, or Cohen violate his immunity.
- "[A]n affair, or a cover-up of an affair, is not within the 'outer perimeter' of the President's official responsibilities." Hellerstein wrote.
What they're saying: "The Supreme Court's historic decision on Immunity, the Federal and New York State Constitutions, and other established legal precedent mandate that the Witch Hunt perpetrated by the Manhattan DA be removed to federal court, and immediately overturned and dismissed," a spokesman for President Trump's Legal Team told Axios in an emailed statement.
- "President Trump has already prevailed in this case at the Second Circuit Court of Appeals, and today's baseless and lawless decision contradicts that correct ruling. President Trump will be filing a powerful appeal, and will continue defeating Democrat weaponization at every turn."
Go deeper: Trump appeals felony conviction citing Supreme Court immunity
Editor's note: This story has been updated with additional information throughout.
