Trump Tries Again to Move Hush-Money Conviction to Federal Court

The former president is seeking to overturn his 2024 conviction on 34 felony counts of falsifying business records.

Published on Feb. 4, 2026

Got story updates? Submit your updates here. ›

Former President Donald Trump is making a third attempt to move his 2024 hush-money conviction from state court to federal court, where he hopes to have the case dismissed on presidential immunity grounds. A federal judge appeared skeptical of Trump's arguments during a hearing on Wednesday, saying his attorneys made a 'strategic and fatal mistake' by first seeking relief in state court rather than going directly to federal court.

Why it matters

Trump's conviction was the first time a former U.S. president has been found guilty of a crime. If he is successful in moving the case to federal court, he could potentially have the conviction overturned, which would have significant political and legal implications.

The details

In May 2024, a New York jury found Trump guilty on all 34 felony counts of falsifying business records to conceal a $130,000 hush-money payment to adult film star Stormy Daniels. The judge in that case sentenced Trump to an unconditional discharge, meaning the conviction stands but with no further penalties. Trump's attorneys are now arguing that he should have been allowed to take the case directly to federal court, where he could seek to have it thrown out on presidential immunity grounds.

  • In May 2024, a New York jury found Trump guilty on all 34 felony counts.
  • In July 2024, Trump's attorneys made a 'strategic and fatal mistake' by going to the state trial judge for relief rather than going directly to federal court.
  • In November 2024, the 2nd U.S. Circuit Court of Appeals ordered the federal judge to reconsider his decision to keep the case in state court.

The players

Donald Trump

The former president who was convicted in state court on 34 felony counts of falsifying business records.

Todd Blanche

One of Trump's personal attorneys at the time of the trial.

Emil Bove

One of Trump's personal attorneys at the time of the trial.

Judge Alvin Hellerstein

The federal judge presiding over Trump's efforts to move the case to federal court.

Jeffrey Wall

A former principal deputy U.S. solicitor general who is now representing Trump.

Got photos? Submit your photos here. ›

What they’re saying

“You made your choice and sought two bites of the apple; you should have gone to federal court first.”

— Judge Alvin Hellerstein

“You cannot go to state court and when you are unhappy with that result go to federal court.”

— Steven Wu, Representing Manhattan District Attorney Alvin Bragg

What’s next

Judge Hellerstein said he would issue his decision on whether to move the case to federal court soon.

The takeaway

Trump's conviction was a historic first for a former U.S. president, and his efforts to have the case moved to federal court in order to potentially overturn the conviction highlight the high stakes involved in this case both legally and politically.