Former US President Donald Trump's effort to erase his criminal conviction in the hush money case has reached a crucial phase. On Wednesday, June 11, 2025, a federal appeals court — the 2nd U.S. Circuit Court of Appeals — is set to hear arguments on whether his case should be transferred from a New York state court to a federal court.

The outcome of this hearing could determine whether Trump’s May 2024 conviction for falsifying business records is ultimately overturned. His lawyers argue that the conviction violates the doctrine of presidential immunity, especially after a recent Supreme Court ruling that limited the prosecution of former Presidents for official acts.

What Was Trump Convicted Of?

In May 2024, Donald Trump was convicted of 34 felony counts of falsifying business records in relation to a hush money payment to adult film actor Stormy Daniels. The payment was allegedly made to keep Daniels from publicly discussing her claims of an affair with Trump during the final stretch of the 2016 U.S. Presidential election campaign.

The case was prosecuted by the Manhattan District Attorney’s office, and Trump denied all allegations, claiming he never had an affair with Daniels and that he did nothing wrong.

Although he was found guilty, the trial judge, Juan M. Merchan, gave him an unconditional discharge, meaning Trump faced no jail time, fines, or probation — but the conviction itself remains.

Why Is Trump Going to Federal Court Now?

Trump's legal team has made multiple efforts to move the case from state to federal court since the March 2023 indictment. Their core argument: the actions involved — including writing cheques and handling news coverage — occurred while he was President, and therefore fall under official presidential duties.

Trump’s lawyers are invoking presidential immunity, a legal doctrine that shields sitting and former Presidents from being prosecuted for official acts performed during their term. They believe the case should be re-tried or dismissed entirely in federal court, not a New York state court.

Two Lower Court Rejections So Far

Both requests to transfer the case have been denied by U.S. District Judge Alvin Hellerstein. In his written rulings, Judge Hellerstein firmly stated that the conduct involved in the hush money payment was personal and not official presidential activity.

In a four-page ruling, he explained:

“The hush money payments were private, unofficial acts, outside the bounds of executive authority.”

The Role of the 2nd Circuit Court of Appeals

Now, the 2nd U.S. Circuit Court of Appeals, a federal appellate bench, will review the previous rejections and hear Trump’s plea for transferring the case. His lawyers argue that the appeals court must take over the case immediately, and potentially nullify the conviction, based on new interpretations of presidential immunity after the Supreme Court’s ruling.

They wrote in their court filing:

“This unprecedented criminal prosecution of a former and current President of the United States belongs in federal court.”

Impact of the Supreme Court’s Recent Ruling

The U.S. Supreme Court, just weeks after Trump’s hush money conviction in 2024, ruled in a presidential immunity case that former Presidents cannot be prosecuted for official acts and that even evidence of official conduct cannot be used to support prosecution of private actions.

Trump’s lawyers say the trial violated these new principles. They argue that evidence presented to jurors — including testimony by White House aides, Trump's reactions to media coverage, and tweets posted while he was President — should have been excluded as they were part of his official duties.

Complications and Conflicts of Interest

Interestingly, Trump's former criminal defence lawyers now hold senior positions in the U.S. Department of Justice (DOJ).

• Todd Blanche, who represented Trump during the trial, is now Deputy U.S. Attorney General.

• Emil Bove, another defence lawyer, also holds a high-ranking DOJ post.

Although this does not automatically change DOJ’s official position, it adds a layer of political and legal complexity to the case.

What If Trump Loses This Appeal?

If the 2nd Circuit denies Trump's request, he can appeal to the U.S. Supreme Court. That would bring the case before the nation’s highest court, which has already ruled on presidential immunity boundaries.

Should Trump win, however, the case could be transferred to federal court, where a fresh legal review might be conducted, potentially leading to the dismissal of the conviction.

What Are Trump’s Lawyers Arguing Now?

Trump’s lawyers are building their case around two primary points:

1. Presidential Immunity: The acts in question, like writing reimbursement cheques during his presidency, should be shielded under executive protection.

2. Improper Evidence: Prosecutors used evidence during trial that relied on Trump’s official status, which they argue should have been disallowed post-Supreme Court ruling.

They also argue that the trial was rushed before the Supreme Court ruling, which unfairly prejudiced the case.

What Does the Manhattan DA Say?

The Manhattan District Attorney's office firmly believes the case should remain in state court. They contend that Trump’s actions were personal in nature, not official, and that the evidence presented was legal under existing rules at the time.

They have strongly opposed the idea that a former President should be immune from state-level prosecution for private criminal conduct.

Trump’s Sentencing and Remarks

During the sentencing, Trump appeared by video and repeated his long-standing position that the case is a “political witch hunt”. He criticised the New York justice system, calling it:

“A weaponisation of government and an embarrassment to New York.”

Despite receiving no punishment, Trump continues to contest the conviction, as it could impact his political future, public image, and other legal cases still ongoing.

What Happens Next?

The 2nd Circuit panel of three judges will now consider the oral arguments, legal precedents, and all written submissions. Their decision could come within weeks or months.

If Trump succeeds:

• The case could move to federal court

• He could try again to invoke immunity

• There is a possibility the conviction is nullified

If he fails:

• The state appellate court will proceed with the current appeal

• Trump may go to the Supreme Court

Conclusion: A Pivotal Test of Presidential Immunity

This case has now become a litmus test for how far presidential immunity stretches, particularly after leaving office. For Trump, it’s not just about one case — it’s about setting a precedent that could protect him in other criminal cases and shape future prosecutions of ex-Presidents.

The appeals court's ruling could either reinforce the independence of state courts or expand federal protection for former office holders — a legal decision with wide-reaching constitutional consequences.

Disclaimer

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