EXCLUSIVE: Trump Loses Bid in Stormy Daniels' Case — Judge Says 'No Way' Hush-Money Cover-Up Was an Official Act
A federal judge rejected Trump's latest bid to move his Stormy Daniels hush-money criminal case to federal court.
Aug. 28 2026, Published 7:20 p.m. ET
President Trump has suffered a major legal setback in his long-running battle over his 34 felony convictions – with a federal judge rejecting the president's latest attempt to move his Stormy Daniels hush-money case out of New York state court, RadarOnline.com can reveal.
According to court documents obtained by Radar, U.S. District Judge Alvin Hellerstein denied Trump's bid to file a second notice of removal on Friday, August 28, ruling the president had failed to show the "good cause" required to revive his effort to transfer the criminal case into federal court.
Trump was convicted in May 2024 on all 34 counts of falsifying business records following a blockbuster Manhattan trial centered on a $130,000 payment made by his former fixer Michael Cohen to adult film star Daniels, whose legal name is Stephanie Clifford.
Judge Slams Trump Down
Trump's latest attempt to move his 34-count hush-money criminal case to federal court was rejected by a judge
Prosecutors alleged Cohen paid Daniels shortly before the 2016 presidential election to prevent her from publicizing an alleged sexual encounter with Trump, and that Trump later reimbursed Cohen through payments allegedly disguised as legal expenses.
Trump has denied Daniels' claims.
But Judge Hellerstein delivered a particularly brutal blow to Trump's argument that evidence introduced during the trial involved conduct protected by presidential immunity.
The judge wrote: "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."
President's Official Responsibilities Called Out by Judge
Trump's former fixer Michael Cohen paid Daniels $130,000 shortly before the 2016 presidential election.
Judge Hellerstein added that an affair, or the cover-up of one, falls outside the "outer perimeter" of a president's official responsibilities.
He also rejected Trump's argument that conversations with former White House communications director Hope Hicks transformed the Daniels matter into official presidential business.
The judge found Hicks' discussions with Trump concerned how to respond publicly to allegations involving a private sexual encounter, nondisclosure agreement, and reimbursement arrangement – matters tied to Trump's political standing and personal reputation rather than his constitutional duties.
'A Second Bite of the Apple'
Judge Alvin Hellerstein ruled the hush-money discussions involving Daniels could not be considered an official presidential act.
Hellerstein was equally critical of Trump's timing.
The judge found Trump made a "strategic decision" to continue fighting the case in New York before attempting to return to federal court after it appeared his immunity argument could fail.
Hellerstein said Trump was effectively seeking a "second bite at the apple" and noted he waited 64 days after the Supreme Court's landmark presidential immunity ruling before seeking permission for another removal attempt.
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Judge Hellerstein accused Trump of effectively seeking a 'second bite at the apple.'
The judge further ruled that federal law does not provide a basis to remove the case after a verdict, sentencing, and entry of judgment.
Trump was sentenced in January 2025 to an unconditional discharge, meaning he received no jail time, probation, or fine. His appeal of the conviction remains pending in New York state court.
Judge Hellerstein ultimately concluded Trump's latest grounds for removal were "neither new nor legally sufficient."
