Trump Fails Again to Transfer Jurisdiction in "Porn Actress Hush Money" Case
Third Attempt to Move New York State Case to Federal Court Fails
Court Rejects Bid for Presidential Immunity, Saying Acts Are "Unrelated to Official Duties"
U.S. President Donald Trump's attempt to transfer the jurisdiction of his 2024 New York criminal trial, known as the "adult film actress hush money" case, from state court to federal court has been thwarted once again.
According to international media outlets such as CNN on August 28 (local time), Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York rejected Trump's request in a 35-page decision, stating that the grounds presented by Trump's legal team were "neither new nor legally sufficient." This marks the third time Trump's efforts to change the venue have been blocked. Trump's team immediately filed an appeal.
Judge Hellerstein stated, "The prosecution arose from President Trump's private actions related to the reimbursement of hush money paid to adult film actress Stormy Daniels," adding, "These acts and the evidence in question have no substantial connection to his federal office, and defining them as acts related to federal office would be 'so broad as to be meaningless.'"
He further emphasized, "There is no possibility that the discussions about hush money payments to conceal the relationship between the president and Daniels were official acts." He continued, "Acts of infidelity or their cover-up do not fall within even the 'outer perimeters' of the president's official duties."
The case centers on allegations that, in exchange for a non-disclosure agreement regarding Daniels' claim that she had a sexual encounter with Trump in 2006, Trump's team paid her USD 130,000 (approximately 180 million won) during the 2016 presidential campaign. Subsequently, they allegedly falsified company records by disguising the payment as legal fees and other business expenses. The amount at issue in the criminal trial included not only the settlement paid to Daniels but also additional costs incurred during the concealment and falsification, totaling USD 420,000 (about 580 million won).
During the 2024 presidential campaign, Trump was convicted on all 34 counts related to falsifying business records in relation to the so-called "hush money" paid to Daniels. However, on January 10, 2025, state court Judge Juan Merchan delivered an unusual ruling of unconditional discharge, meaning no actual penalty, such as imprisonment or a fine, was imposed on Trump. As a result, Trump became the first U.S. president convicted of a felony, but his sentence was finalized without any punishment.
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After Trump was convicted in state court on 34 counts of falsifying records, his team requested a transfer to federal court, believing it could strengthen a defense based on presidential immunity. However, Judge Hellerstein determined that at this advanced stage—including a guilty verdict, sentencing, and post-trial motions—a transfer to federal court was impossible. Despite this, Trump's team continues to pursue appeals in the state court process.
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