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2nd Circuit Weighs Trump Bid to Transfer Hush Money Case to Federal Court

Judges are assessing if last year’s presidential immunity decision shields Trump’s official actions, opening a path for post-conviction federal removal.

Attorney Emil Bove, left, listens as Attorney Todd Blanche and U.S. President-elect Donald Trump, seen on a television screen, appear virtually for sentencing, at Manhattan Criminal Court on January 10, 2025 in New York City.
President Donald Trump walks down the stairs of Air Force One upon his arrival at Joint Base Andrews, Md., Tuesday, June 10, 2025. (AP Photo/Luis M. Alvarez)
A protester wearing a shirt reading "WHITE MEN for TRUMP" argues with another protester Tuesday, June 10, 2025, in Santa Ana, Calif. (AP Photo/Jae C. Hong)
President Donald Trump speaks with reporters in the Oval Office of the the White House, Tuesday, June 10, 2025, in Washington. (AP Photo/Evan Vucci)

Overview

  • The 2nd U.S. Circuit met June 11 to hear Trump’s request to move his 34-count hush money conviction from state to federal court.
  • Trump’s legal team cites the Supreme Court’s July immunity ruling to argue that evidence of his official acts, such as tweets and staff testimony, should have been excluded from the state trial.
  • The Manhattan District Attorney’s Office argues that removal is unavailable after a final judgment and that the hush money payments were private acts outside presidential authority.
  • The Department of Justice filed an amicus brief supporting Trump’s bid, highlighting that his former defense attorneys now occupy top DOJ roles and urging dismissal of the state prosecution.
  • The appeals judges probed whether the case remains “live” for removal and how narrowly drawn immunity protections apply to post-conviction challenges.