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DecidedPeople of the State of New York v. Trump (removal)
Will Judge Hellerstein keep the hush-money case in New York state court?
Where the case stands
On Nov. 6, 2025 the Second Circuit vacated Judge Hellerstein's earlier denial of removal and remanded for reconsideration in light of Trump v. United States. Hellerstein heard argument on the renewed removal bid Feb. 4, 2026 and reserved decision.
Background
Donald Trump was convicted May 30, 2024 of 34 counts of falsifying business records over the Stormy Daniels hush-money reimbursements and sentenced Jan. 10, 2025 to an unconditional discharge. He is now trying, for the third time, to move the case into federal court so federal judges can weigh his presidential-immunity arguments.
Charges
- Convicted May 30, 2024: falsifying business records in the first degree, 34 counts (N.Y. Penal Law § 175.10)
- Sentenced Jan. 10, 2025: unconditional discharge
The arguments
Prosecution/State: Removal is far too late — the trial is over and sentence imposed; Trump already litigated and lost removal once ("You sought two bites at the apple," Hellerstein observed); New York's appellate courts can fully hear his immunity arguments on direct appeal.
Defense: The Supreme Court's 2024 immunity ruling bars prosecutors' use of official-acts evidence (e.g., White House-era testimony and statements) at the trial; a federal forum is required to vindicate federal immunity defenses, and the Second Circuit itself said the issues deserve serious federal consideration.
The record
- Business records. The 34 invoices, ledger entries and checks reimbursing Michael Cohen that underlie the counts of conviction — all aired publicly at the 2024 trial.
- Official-acts trial evidence. Testimony about Trump's White House years (including Hope Hicks) and Oval Office statements — the material Trump says violated the immunity ruling's evidentiary bar.
- Public filings. Full removal briefing and the Second Circuit's Nov. 2025 opinion available on the public dockets (CourtListener/RECAP).
The pre-ruling assessment, kept here for the record
Hellerstein denied removal in 2023 and again in 2024 and sounded skeptical of the timing at the Feb. 4 argument, but the Second Circuit's remand instructs him to take the immunity arguments seriously — an unusual posture with no clean precedent.
Judge Alvin Hellerstein denied Trump's third bid to remove the hush-money case to federal court, keeping it in New York state court.
Sources
- CNN — Appeals court revives Trump's effort (Nov. 6, 2025)
- Spectrum News — Judge appears skeptical of Trump's latest bid (Feb. 4, 2026)
- NBC News — Trump tries a third time to move hush-money case
- Washington Examiner — Where the appeal stands (May 30, 2026)
- The Hill — Appeals panel revives Trump case
Public record
- SDNY removal docket, 1:23-cv-03773 (CourtListener/RECAP — public filings)
- Second Circuit appeal docket 23-1085 (CourtListener)
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