GovernmentElectionsJustice
October 28, 2025Trump appeals hush money conviction seeking move to federal court to argue presidential immunity
Trump appealed his 34-count hush money conviction in October 2025, arguing that the Supreme Court's June 2024 presidential immunity ruling tainted the trial evidence and that federal election law pre-empts New York state from prosecuting campaign finance violations at all
Photo: Dave Sanders/Reuters
Trump filed his appeal of the hush money conviction in October 2025, raising and federal preemption
The Supreme Court ruled in Trump v. United States (June 2024) that presidents have broad immunity for official acts
Trump argues Hope Hicks testimony and his presidential tweets were official-act evidence improperly admitted at trial
Federal preemption argument: if the underlying crime is a federal election law violation, only federal prosecutors can charge it, not a state DA
The Second Circuit revived Trump bid to move the appeal to federal court in November 2025 and sent it to Judge Hellerstein for further analysis
As of early 2026, Trump's conviction stands while appeals proceed simultaneously in state and federal courts
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