Judge to Trump lawyers trying to move hush money appeal to federal court: 'You sought two bites at the apple'

Source: CNBC

PUBLISHED Feb 4, 2026, 4:00 PM ET


A federal judge was skeptical of President Donald Trump’s argument to try to move the appeal of his hush money conviction to federal court — after lawyers already took their shot in two other courts.

Judge Alvin Hellerstein suggested Trump’s attorneys missed their chance by first taking the US Supreme Court’s decision on presidential immunity to the state court judge who oversaw the criminal trial and not to a federal judge until almost two months later.

“You made a choice. You sought two bites at the apple,” Hellerstein told Trump’s lawyers Wednesday. He also quizzed Trump’s lawyer over the argument that the case should move to federal court because Trump could claim as a defense that he has immunity. Calling the arguments “provocative,” he said he would issue a ruling later.

Trump’s attorneys are trying to get the appeal of his hush money conviction moved into federal court where the judges could interpret challenges involving federal preemption and presidential immunity. Removal would also plow a quicker path to have the appeal heard by the US Supreme Court. Trump was convicted in 2024 of 34 state charges of falsifying business records in connection with hush money payments to adult film star Stormy Daniels.

Read more: https://www.cnn.com/2026/02/04/politics/judge-skeptical-trump-trying-to-move-hush-money-appeal-to-federal-court