Second Circuit Rules for Trump in Hush Money Case

This was a stunning decision made by two Obama appointees and a Biden appointee. The usual attacks on the court will be muted in light of its composition. It cannot be said that this was just robotic or reactionary jurists...https://t.co/FjjnYhjvPH

— Jonathan Turley (@JonathanTurley) November 7, 2025

… President Donald Trump and his team by vacating the decision of U.S. District Court Judge Alvin Hellerstein, an Obama appointee, and ordering him to reconsider the motion to remove the case from New York to federal court. Hellerstein, now 91, twice rejected the claim, but, according to the Second Circuit, ignored major issues favoring removal.

For years, Trump has argued that the criminal hush money case brought by Manhattan D.A. Alvin Bragg in New York state court should have been transferred to federal court due to his claims of presidential privilege and immunity. In May 2024, Trump was convicted of 34 felony counts for falsifying business records, a case before Judge Juan Merchan that I strongly criticized as legally flawed and improperly tried.

The Supreme Court handed down its ruling in Trump v. United States in July 2024, recognizing core presidential privileges and immunities. The ruling led to the dismissal of the Special Counsel’s prosecutions against Trump. After the ruling, the Trump team renewed its demand for removal, but Hellerstein repeatedly denied that request.

The panel held that the Supreme Court opinion could constitute new grounds for removal. It particularly made certain evidence more problematic after Bragg unwisely used (and Merchan unwisely admitted) testimony from White House meetings.

Yesterday, the Second Circuit ruled that the district court failed to consider “important issues relevant” to the merits of the motion.

This was manifestly the correct decision. Hellerstein could still deny the motion a third time after iron-plating his decision. However, the ruling indicates that the panel views this evidence to be sufficiently weighty to justify a second look and more detailed findings from the district court.