federal court

NEW YORK — A federal judge on Friday once again spurned President Trump’s effort to erase his hush money conviction, rejecting the president’s bid to move the state court case to federal court and have it dismissed on presidential immunity grounds.

Judge Alvin K. Hellerstein reiterated his earlier finding against Trump, saying that the reasons Trump cited for renewing his request were “neither new nor legally sufficient.”

The judge added: “He has failed to show good cause and diligence.”

It is the third time Hellerstein has blocked Trump from having the U.S. District Court in Manhattan seize control of the case from the New York court where he was tried and convicted.

And, like before, Trump will appeal, according to a spokesperson for his legal team who called Hellerstein’s ruling “baseless and lawless.”

“The Supreme Court’s historic decision on Immunity, the Federal and New York State Constitutions, and other established legal precedent mandate that the Witch Hunt perpetrated by the Manhattan DA be removed to federal court, and immediately overturned and dismissed,” a statement issued on behalf of the legal team said. “President Trump will be filing a powerful appeal, and will continue defeating Democrat weaponization at every turn.”

The guilty verdict, reached in May 2024 while Trump was between terms, made him the first former — and now current — U.S. president to be convicted of a crime. Trump is also challenging his conviction through the state court appellate process, which is pending.

Hellerstein’s decision came after a federal appeals court last year ordered him to reconsider his prior denial. The judge previewed his ruling during oral arguments in February, slamming Trump’s lawyers for legal maneuvers that amounted to taking “two bites at the apple.”

State prosecutors did not immediately respond to a request for comment.

The case centered on a payment to Stormy Daniels

Trump was convicted in May 2024 of 34 felony counts of falsifying business records to conceal a $130,000 hush money payment to adult film actor Stormy Daniels, whose claim of a sexual encounter with Trump a decade earlier had threatened to upend his 2016 presidential campaign.

Trump was sentenced to an unconditional discharge, which left his conviction intact but spared him any punishment. He had long denied Daniels’ claim and said he did nothing wrong. He has sought to get the conviction overturned both by attempting to move the case to federal court and through the appeals process in state court, which is pending.

Hellerstein rejected Trump’s requests to move the case twice before. The first was after Trump’s March 2023 indictment. The second was after Trump’s trial, as his lawyers sought to nix his conviction in the wake of the Supreme Court’s July 2024 ruling that presidents and ex-presidents can’t be prosecuted for official acts and prosecutors can’t use official acts as evidence that unofficial actions were illegal.

Trump appealed Hellerstein’s post-trial ruling and, last November, the U.S. 2nd Circuit Court of Appeals ordered the judge to reconsider his decision, finding that he had failed to consider “important issues relevant” to the president’s request to move the case.

A three-judge appellate panel said it expressed no view on how he should rule but instructed Hellerstein to closely review evidence that Trump claimed was related to official acts and whether Trump could argue those actions were taken as part of his White House duties.

The judges also instructed Hellerstein to determine if Trump had “diligently sought” to have the case moved to federal court and whether the case can even be moved to federal court now that Trump has been convicted and sentenced in state court.

The judge questioned the Trump legal team’s strategy

During oral arguments in February, Hellerstein took issue with the Trump legal team’s decision-making after the Supreme Court ruling.

Instead of immediately seeking to move the case to federal court, he noted, Trump’s lawyers first asked the trial judge in state court, Juan Merchan, to throw out the verdict on immunity grounds. Normally, such a request must be made within 30 days of an arraignment, but a federal appeals court in Washington, D.C. has ruled that exceptions can be made if “good cause” is shown.

Trump, a Republican, did not attend the arguments.

Trump lawyer Jeffrey Wall argued that prosecutors rushed to trial instead of waiting for the Supreme Court’s presidential immunity decision and that Trump’s legal team was crunched for time after the high court’s ruling because his sentencing was scheduled for just 10 days later.

Trump’s lawyers did not ask Hellerstein to intervene until nearly two months later, while their request to Merchan was still pending. The judge called that a “strategic decision” and suggested that by going to the state court first, Trump’s lawyers cost him the right to pursue remedies in federal court.

“No, your honor,” Wall replied. “It is what any sensible litigant would do” in that situation.

“Not so,” Hellerstein replied.

“That is a decision on your part,” the judge added. “You didn’t have to do that. You could have come right to the federal court. Just by filing a notice of removal, there would be no sentencing.”

Trump’s lawyers “made a choice,” Hellerstein said, “and you sought two bites at the apple.”

In his written ruling Friday, Hellerstein said Trump was asking for a “‘second bite at the apple,’ a result the law disfavors.”

The judge added that “Trump’s delay in filing for removal constitutes a ‘quintessential strategic decision,’ and the ‘fact that he later came to view that decision as a poor one is not sufficient, by itself, to establish cause.’”

Sisak and Neumeister write for the Associated Press.

A lawsuit filed in Northern California federal court by former high school football player Dominik Calhoun against the California Interscholastic Federation was dismissed for a second time on Thursday after a hearing held by Magistrate Judge Laurel Beeler, who granted an 84 motion.

The judge will allow the plaintiff to file an amended complaint by Sept. 10. There’s also the chance to appeal.

Calhoun has been challenging CIF rules on high school transfers and NIL.

The CIF had stopped considering possible changes in several policies, including transfers, while the lawsuit played out.

The question is whether discussions will resume about possible transfer reforms that were discussed in April of 2025.

The U.S. 9th Circuit Court of Appeals dealt another blow to the Trump administration’s mass deportation project Thursday, ruling alongside the 7th Circuit that most immigrants cannot be held without bond while fighting to remain in the U.S.

The rulings will apply to jurisdictions that stretch across much of the southern border, affecting states where large numbers of immigrant detainees are held in federal custody. Unless immigrants are caught while crossing the border or soon after, they will now be entitled to a bond hearing, where a judge will decide whether there is enough evidence to justify their indefinite detention.

The twin decisions come little more than a year after the Department of Homeland Security ordered “mandatory detention” for all immigrants picked up by its agents — a policy that had previously only applied to those caught at the border.

The policy shift sowed chaos in federal courts, as thousands of immigrants began suing for bond hearings that had long been automatic. California’s district judges were overrun with emergency petitions for writs of habeas corpus, a legal maneuver rarely used outside death row appeals.

“Versions of this case have played out in federal courts across the country,” Judge Daniel A. Bress wrote for the 9th Circuit on Thursday. “The vast majority of the district courts to confront the issue have concluded that [mandatory detention] is limited to the border.”

Those district court battles have grown increasingly heated as caseloads have swelled.

This spring, Eastern District of California Chief Judge Troy Nunley took the rare step of sanctioning a government lawyer over failing to tell the court if and when a man he’d ordered released had actually gone free.

The attorney told Nunley he was drowning in nearly identical cases and had fallen behind with the paperwork. In an interview, Nunley said he and other judges were “up all night” ruling on emergency petitions and ensuring those orders were followed.

The sanction was later transferred from the lawyer to the U.S. attorney’s office, though Nunley warned that he would issue more if he didn’t see proof immigrants had been set free as ordered.

“A pattern of unchecked and unaddressed mistakes in complying with court orders will be viewed as a deliberate and strategic choice,” he wrote in his order.

The majority of appellate courts have now also sided against the administration. As of Thursday, two circuits have affirmed the government’s position and six opposed it, teeing up what experts call an inevitable Supreme Court challenge.

Both of Thursday’s decisions invoked the high court’s future stake in the case. The 9th Circuit wagered that only two justices were likely to side with the administration, while the 7th merely implored the high court to weigh in.

“At this point, only the Supreme Court can bring uniformity and settle this question once and for all. I anticipate that it will do so soon,” Judge Diane S. Sykes wrote in her dissent.

“We share the dissent’s hope that the Supreme Court will settle this matter,” Judge Joshua P. Kolar wrote for the majority.

California Atty. Gen. Rob Bonta and other Democratic attorneys general are suing the Trump administration over imposing what they contend are “unlawful” conditions on federal grants intended to help states prepare and respond to disasters.

The lawsuit, filed in federal court in Rhode Island on Thursday, argues that the Department of Homeland Security and Federal Emergency Management Agency have been using their control over billions of dollars in federal grants to operate what the attorneys general see as an aggressive “campaign of coercion” to adopt the Trump administration’s preferred voting and immigration policies, according to the complaint.

“Congress never gave DHS or FEMA authority to rewrite state election law, require cooperation with federal immigration agents, or terminate federal funding streams at any time and for any reason,” the lawsuit stated. The legal action was filed by a coalition of 24 attorneys general and Kentucky Gov. Andy Beshear and Pennsylvania Gov. Josh Shapiro, both Democrats.

A spokesperson for the White House did not respond to a request for comment.

At the crux of their legal complaint are two federal programs: the Homeland Security Grant Program, which was established by Congress as a response to the Sept. 11 terrorist attacks, and the Emergency Management Performance Grant Program, which helps states pay for emergency management staff who plan for and respond to natural disasters and mass casualty events, as well as software programs used by state emergency operations centers.

For the homeland security grant, the Trump administration has attached “radical” new terms based on Trump’s preferred policies, the states contend.

These terms include verifying the citizenship of all individuals in state voter databases, transitioning their voting systems to equipment that reads hand-marked paper ballots and conducting post-election audits “according to nonexistent guidelines to be set by the Secretary of Homeland Security,” according to the complaint.

And the Department of Homeland Security and FEMA have threatened to make states “promise to devote their scarce resources to the federal government’s own task of civil immigration enforcement” in order to receive both the homeland security and the emergency management grants, according to the complaint.

At a news conference Thursday, Bonta laid out the stakes.

“These grants help communities prepare for emergencies before disaster strikes,” he said. “They support emergency management personnel, strengthen disaster response capabilities, improve coordination among first responders, and help protect our residents when they need government the most.”

The Trump administration restrictions would mean “our communities would have fewer resources to prepare for wildfires, earthquakes, floods, terrorist threats, and other emergencies,” Bonta stated.

“Time after time, courts have told Trump’s corrupt administration that it can’t coerce California into doing its bidding by threatening to withhold public safety funding,” Gov. Gavin Newsom said in a statement. “Yet, they’re coming back for more. This time they’re demanding states rewrite their own election laws to access money that pays for public safety readiness and response, and that Congress already approved. We simply won’t allow it.”

BOSTON — A federal judge on Tuesday heard from voting rights groups and a coalition of two dozen states that want the courts to halt President Trump’s executive order seeking to create a federal voter list and limit who can receive a mail ballot.

The plaintiffs argued in two lawsuits that Trump’s order should be found unconstitutional because the states and Congress, not the president, have the power to set election rules. They also told the court that the move imposes a costly burden on state election officials to comply and would spread fear about the possibility of prosecution.

“This is going to be a sea change in the way that some states administer their ballots,” said Michael Cohen, who was part of a team representing California, adding that “it will be difficult to overstate the disruption that this will cause.”

Trump’s executive order, the second one aimed at elections during his second term, comes as he continues to raise the specter of widespread voting by noncitizens as a reason to change election rules. But states already have detailed processes aimed at keeping their voter rolls accurate, and voting by noncitizens has been shown to be rare. It also is a felony that can be punishable by deportation.

His latest order is being challenged through multiple lawsuits, including two filed in U.S. District Court in Boston.

The American Civil Liberties Union, which represented the League of Women Voters in one of the two Boston cases, has called the order “a dangerous attempt to disenfranchise eligible voters nationwide.” The group said the order transforms “the U.S. Postal Service from a neutral mail carrier to an arbiter of who may cast a ballot by mail.”

“This case challenges an extraordinary and abusive assertion of executive power over the administration of federal elections,” the organization said in its complaint.

The hearing comes less than a week after another judge declined to halt the order. U.S. District Judge Carl Nichols, a Trump appointee in Washington, agreed with the Trump administration’s contention that it was too early to block the order because it has yet to be implemented.

The administration, in its motions to dismiss the lawsuits, argued that the plaintiffs lack standing to bring their claims. They also argued the motions are premature and that plaintiffs lack the legal basis to bring their Administrative Procedure Act claim, which governs how federal agencies develop and issue regulations.

Stephen Pezzi, a lawyer for the Trump administration, said the harms the plaintiffs referred to were subjective, since much can change with the voting list before it is finalized. He also said no one would be prosecuted for violating the executive order.

Missouri Solicitor Gen. Lou Capozzi, speaking for the states supporting the list, argued it was too early to say how his state might use the list, but that it was “unlikely” any voter would be removed this year from the voter rolls because of it.

“We are not exactly sure how we would use it,” Capozzi said, adding that “we don’t want this process to be strangled in the crib, so to speak.”

U.S. District Judge Indira Talwani took the requests for motions to halt the order, along with motions to dismiss the cases under advisement.

During oral arguments, Talwani expressed concerns about whether the federal system envisioned under the executive order could be ready for the upcoming midterm elections and about the risks posed to election workers who rely on a state list that differs from the federal one. She also raised doubts about the reliability of a federal list — noting, for example, women who changed their names after getting married or someone who has moved from state to state might be missed.

“Isn’t there a reasonable fear and concern on behalf of voters that they will be precluded?” Talwani asked.

Trump issued the order in March after a bill he supported to overhaul voting stalled in Congress. The order would have had the federal government create a list of eligible voters and then directed the postal service to deliver mail ballots only to those on the list. Election officials argued that it was ripe for abuse and could cause chaos, and the postal union has objected to the idea of mail carriers policing ballots.

The postal service has published a proposed rule required by Trump’s executive order in the Federal Register. Among other things, the rule would not apply to primary elections or overseas ballots.

Since his 2020 presidential election loss to Democrat Joe Biden, Trump has groundlessly claimed mail voting is rife with fraud and has launched a federal investigation into that year’s vote, even though repeated audits and investigations, including ones run by Republicans, found it was free of widespread fraud. Trump also has said he wants to “take over” election administration in Democratic areas.

Casey writes for the Associated Press.