Federal appeals court to hear arguments in Trump's long-shot effort to fight hush money conviction
Trump is relying heavily on the high court's divisive 6-3 immunity ruling from July in a long-shot bid to get his conviction reviewed – and ultimately overturned – by federal courts. After being convicted on 34 counts of falsifying business records, Trump in January became the first felon to ascend to the presidency in US history.
Even after Trump was reelected and federal courts became flooded with litigation tied to his second term, the appeals in the hush money case have chugged forward in multiple courts. A three-judge panel of the 2nd US Circuit Court of Appeals – all named to the bench by Democratic presidents – will hear arguments Wednesday in one of those cases.
Trump will be represented on Wednesday by Jeffrey Wall, a private lawyer and Supreme Court litigator who served as acting solicitor general during Trump's first administration. Many of the lawyers who served on Trump's defense team in the hush money case have since taken top jobs within the Justice Department.
The case stems from the 2023 indictment announced by Manhattan District Attorney Alvin Bragg, a Democrat, who accused Trump of falsely categorizing payments he said were made to quash unflattering stories during the 2016 election.
Trump was accused of falsifying a payment to his former lawyer, Michael Cohen, to cover up a $130,000 payment Cohen made to adult-film star Stormy Daniels to keep her from speaking out before the 2016 election about an alleged affair with Trump. (Trump has denied the affair.)
Trump was ultimately convicted last year and was sentenced without penalty in January, days before he took office.
The president is now attempting to move that case to federal court, where he is betting he'll have an easier shot at arguing that the Supreme Court's immunity decision in July will help him overturn the conviction. Trump's earlier attempts to move the case to federal court have been unsuccessful.
US District Judge Alvin Hellerstein, nominated by President Bill Clinton, denied the request in September – keeping Trump's case in New York courts instead. The 2nd Circuit will now hear arguments on Trump's appeal of that decision on Wednesday.
'He's lost already several times in the state courts,' said David Shapiro, a former prosecutor and now a lecturer at John Jay College of Criminal Justice. And Trump's long-running battle with New York Judge Juan Merchan, Shapiro said, has 'just simmered up through the system' in New York courts in a way that may have convinced Trump that federal courts will be more receptive.
Trump, who frequently complained about Merchan, has said he wants his case heard in an 'unbiased federal forum.'
Trump's argument hangs largely on a technical but hotly debated section of the Supreme Court's immunity decision last year. Broadly, that decision granted former presidents 'at least presumptive' immunity for official acts and 'absolute immunity' when presidents were exercising their constitutional powers.
State prosecutors say the hush money payments were a private matter – not official acts of the president – and so they are not covered by immunity.
But the Supreme Court's decision also barred prosecutors from attempting to show a jury evidence concerning a president's official acts, even if they are pursuing alleged crimes involving that president's private conduct. Without that prohibition, the Supreme Court reasoned, a prosecutor could 'eviscerate the immunity' the court recognized by allowing a jury to second-guess a president's official acts.
Trump is arguing that is exactly what Bragg did when he called White House officials such as former communications director Hope Hicks and former executive assistant Madeleine Westerhout to testify at his trial.
Hicks had testified that Trump felt it would 'have been bad to have that story come out before the election,' which prosecutors later described as the 'nail' in the coffin of the president's defense.
Trump's attorneys are also pointing to social media posts the president sent in 2018 denying the Daniels hush money scheme as official statements that should not have been used in the trial.
State prosecutors 'introduced into evidence and asked the jury to scrutinize President Trump's official presidential acts,' Trump's attorneys told the appeals court in a filing last month. 'One month after trial, the Supreme Court unequivocally recognized an immunity prohibiting the use of such acts as evidence at any trial of a former president.'
A White House spokesperson did not respond to a request for comment.
If Trump's case is ultimately reviewed by federal courts, that would not change his state law conviction into a federal conviction. Trump would not be able to pardon himself just because a federal court reviews the case.
Bragg's office countered that it's too late for federal courts to intervene.
Federal officials facing prosecution in state courts may move their cases to federal court in many circumstances under a 19th century law designed to ensure states don't attempt to prosecute them for conduct performed 'under color' of a US office or agency. A federal government worker, for instance, might seek to have a case moved to federal court if they are sued after getting into a car accident while driving on the job.
But in this case, Bragg's office argued, Trump has already been convicted and sentenced. That means, prosecutors said, there's really nothing left for federal courts to do.
'Because final judgment has been entered and the state criminal action has concluded, there is nothing to remove to federal district court,' prosecutors told the 2nd Circuit in January.
Even if that's not true, they said, seeking testimony from a White House adviser about purely private acts doesn't conflict with the Supreme Court's ruling in last year's immunity case.
Bragg's office has pointed to a Supreme Court ruling as well: the 5-4 decision in January that allowed Trump to be sentenced in the hush money case. The president raised many of the same concerns about evidence when he attempted to halt that sentencing before the inauguration. A majority of the Supreme Court balked at that argument in a single sentence that, effectively, said Trump could raise those concerns when he appeals his conviction. That appeal remains pending in state court.
'The alleged evidentiary violations at President-elect Trump's state-court trial,' the Supreme Court wrote, 'can be addressed in the ordinary course on appeal.'
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I think Canada could be one where there's just a tariff, not really a negotiation," he said. More from Reuters: President Trump on Friday expressed pessimism on US trade negotiations with Canada, suggesting he may simply impose threatened 35% tariffs on Canadian goods not covered by the existing US-Canada-Mexico trade agreement. "We haven't really had a lot of luck with Canada. I think Canada could be one where there's just a tariff, not really a negotiation," he said. More from Reuters: Boston Beer Company says strong profits helped brewer absorb tariff costs The Boston Beer Company (SAM) continues to feel the effects of President Trump's tariffs, but a strong quarter of sales and profit is helping the Samuel Adams brewer absorb some of those cost increases. Boston Beer expects tariffs to add about $15 million to $20 million in costs for the full year. Previously, it modeled tariff costs of $20 million to $30 million. Expect the company to raise prices by 1% to 2% to offset some of the costs as well, executives said. Boston Beer did see tariffs negatively affect its gross margin toward the end of the second quarter, but it benefited from improved brewery efficiencies. For the second quarter, the company reported profits of $5.45 per share on revenue of $625 million, versus estimates for earnings of $4.00 per share on $588 million, according to S&P Global Market Intelligence. "Right now, I think we're very happy with the performance," Boston Beer CEO Michael Spillane said on the earnings call. "Not only that, but that's allowed us to offset some of the tariffs that we've seen so far." The Boston Beer Company (SAM) continues to feel the effects of President Trump's tariffs, but a strong quarter of sales and profit is helping the Samuel Adams brewer absorb some of those cost increases. Boston Beer expects tariffs to add about $15 million to $20 million in costs for the full year. Previously, it modeled tariff costs of $20 million to $30 million. Expect the company to raise prices by 1% to 2% to offset some of the costs as well, executives said. Boston Beer did see tariffs negatively affect its gross margin toward the end of the second quarter, but it benefited from improved brewery efficiencies. For the second quarter, the company reported profits of $5.45 per share on revenue of $625 million, versus estimates for earnings of $4.00 per share on $588 million, according to S&P Global Market Intelligence. "Right now, I think we're very happy with the performance," Boston Beer CEO Michael Spillane said on the earnings call. "Not only that, but that's allowed us to offset some of the tariffs that we've seen so far." 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Reuters reports: Read more here. Puma ( shares fell 17% on Friday after the sportswear brand said that it now expects an annual loss due to a decline in sales and US tariffs denting profit. Reuters reports: Read more here. LG Energy Solution warns of slowing EV battery demand due to U.S. tariffs, policy headwinds Reuters reports: South Korean battery firm LG Energy ( Solution warned on Friday of a further slowdown in demand by early next year due to U.S. tariffs and policy uncertainties after it posted a quarterly profit jump. Its major customers Tesla (TSLA) and General Motors (GM) warned of fallout from U.S. tariffs and legislation that will end federal subsidies for EV purchases on September 30. "US tariffs and an early end to EV subsidies will put a burden on automakers, potentially leading to vehicle price increases and a slowdown in EV growth in North America," CFO Lee Chang-sil said during a conference call. Read more here. Reuters reports: South Korean battery firm LG Energy ( Solution warned on Friday of a further slowdown in demand by early next year due to U.S. tariffs and policy uncertainties after it posted a quarterly profit jump. Its major customers Tesla (TSLA) and General Motors (GM) warned of fallout from U.S. tariffs and legislation that will end federal subsidies for EV purchases on September 30. "US tariffs and an early end to EV subsidies will put a burden on automakers, potentially leading to vehicle price increases and a slowdown in EV growth in North America," CFO Lee Chang-sil said during a conference call. Read more here. Japan, US differ on how trade-deal profits will be split Japan said Friday that profits from the $550 billion investment deal with the US will be shared based on how much each side contributes. A government official suggested the US will also put in significant funds, but details of the scheme remain unclear. The White House had announced earlier in the week that the US would retain 90% of the profits from the $550 billion US-bound investment and loans that Japan would exchange in return for reduced tariffs on auto and other exports to the US. This would mean that returns would be split 10% for Japan and 90% for the US, according to the White House official, and that it would be "based on the respective levels of contribution and risk borne by each side." Bloomberg News reports: Read more here. Japan said Friday that profits from the $550 billion investment deal with the US will be shared based on how much each side contributes. A government official suggested the US will also put in significant funds, but details of the scheme remain unclear. The White House had announced earlier in the week that the US would retain 90% of the profits from the $550 billion US-bound investment and loans that Japan would exchange in return for reduced tariffs on auto and other exports to the US. This would mean that returns would be split 10% for Japan and 90% for the US, according to the White House official, and that it would be "based on the respective levels of contribution and risk borne by each side." Bloomberg News reports: Read more here. US business activity rises; tariffs fuel inflation concerns US business activity rose in July, but companies increased the prices for goods and services, supporting the view from economists that inflation will accelerate in the second half of 2025 and it will mainly be due to tariffs on imports. Reuters reports: Read more here. US business activity rose in July, but companies increased the prices for goods and services, supporting the view from economists that inflation will accelerate in the second half of 2025 and it will mainly be due to tariffs on imports. Reuters reports: Read more here. It sounds like Trump now has a new minimum tariff rate: 15% President Trump set a new rhetorical floor for tariffs on Wednesday night in comments in a shift that raises the president's baseline rate from 10%. Yahoo Finance's Ben Werschkul writes: Read more here. President Trump set a new rhetorical floor for tariffs on Wednesday night in comments in a shift that raises the president's baseline rate from 10%. Yahoo Finance's Ben Werschkul writes: Read more here. Keurig Dr. Pepper brewer sales volume drops 22%, CEO says tariff impacts 'will become prominent' Keurig Dr. Pepper CEO Tim Cofer said that tariffs are putting additional pressure on the company in an earnings call Thursday, especially when it comes to its coffee business, which KDP expects to be "subdued" for the remainder of the year. "Commodity inflation will build as we roll into the back half and we roll into our higher cost hedges on green coffee," Cofer said. "The tariff impacts will become prominent. And we all know that tariff situation is a bit fluid." Keurig is one of the biggest coffee importers in the US, along with Starbucks (SBUX) and Nestle (NSRGY). The US sources most of its coffee from Brazil, which is set to face 50% tariffs on its products on Aug. 1, and Colombia, which faces a tariff rate of 10%. In Keurig's coffee business, appliance volume decreased 22.6% during the quarter, reflecting impacts of retailer inventory management, and K-Cup pod volume decreased 3.7%, reflecting category elasticity in response to price increases, the company reported. "Our retail partners will likely continue to manage their inventory levels tightly, in particular on brewers," Cofer commented. "And then finally, you know we did a round of pricing at the beginning of the year. We've announced another round of pricing that will take effect next month, and we'll need to closely monitor how that elasticity evolves." Read more about Keurig earnings here. Keurig Dr. Pepper CEO Tim Cofer said that tariffs are putting additional pressure on the company in an earnings call Thursday, especially when it comes to its coffee business, which KDP expects to be "subdued" for the remainder of the year. "Commodity inflation will build as we roll into the back half and we roll into our higher cost hedges on green coffee," Cofer said. "The tariff impacts will become prominent. And we all know that tariff situation is a bit fluid." Keurig is one of the biggest coffee importers in the US, along with Starbucks (SBUX) and Nestle (NSRGY). The US sources most of its coffee from Brazil, which is set to face 50% tariffs on its products on Aug. 1, and Colombia, which faces a tariff rate of 10%. In Keurig's coffee business, appliance volume decreased 22.6% during the quarter, reflecting impacts of retailer inventory management, and K-Cup pod volume decreased 3.7%, reflecting category elasticity in response to price increases, the company reported. "Our retail partners will likely continue to manage their inventory levels tightly, in particular on brewers," Cofer commented. "And then finally, you know we did a round of pricing at the beginning of the year. We've announced another round of pricing that will take effect next month, and we'll need to closely monitor how that elasticity evolves." Read more about Keurig earnings here. The EU's Trump insurance As my colleague detailed below, EU member states voted to impose tariffs on over $100 billion of US goods from Aug. 7. The Financial Times reported that this move that allows the bloc to impose the levies quickly at any point in the future should its trade relationship with the US take a turn for the worse. From the report: Read more here (subscription required). As my colleague detailed below, EU member states voted to impose tariffs on over $100 billion of US goods from Aug. 7. The Financial Times reported that this move that allows the bloc to impose the levies quickly at any point in the future should its trade relationship with the US take a turn for the worse. From the report: Read more here (subscription required). Europe approves $100B-plus tariff backup plan A report in the Wall Street Journal on Thursday said that the European Union has now approved its retaliatory tariff package on US goods that could start in August if no trade agreement is reached. The EU announced on Wednesday that it will hit the US with 30% tariffs on over $100 billion worth of goods in the event that no deal is made and if President Trump decides to follow through with his threat to impose that rate on most of the bloc's exports after Aug. 1. The US exports, which would include goods such as Boeing (BA) aircraft, US-made cars and bourbon whiskey would all face heavy tariffs that match Trump's 30% threat. The approval of the package comes despite the growing optimism that the US and EU will reach a deal that would put baseline tariffs on the bloc at 15%, matching the level the US applied to Japan. The EU is keen to reach a deal with the US but as a cautionary measure has approved 30% tariffs if a deal is not made. A report in the Wall Street Journal on Thursday said that the European Union has now approved its retaliatory tariff package on US goods that could start in August if no trade agreement is reached. The EU announced on Wednesday that it will hit the US with 30% tariffs on over $100 billion worth of goods in the event that no deal is made and if President Trump decides to follow through with his threat to impose that rate on most of the bloc's exports after Aug. 1. The US exports, which would include goods such as Boeing (BA) aircraft, US-made cars and bourbon whiskey would all face heavy tariffs that match Trump's 30% threat. The approval of the package comes despite the growing optimism that the US and EU will reach a deal that would put baseline tariffs on the bloc at 15%, matching the level the US applied to Japan. The EU is keen to reach a deal with the US but as a cautionary measure has approved 30% tariffs if a deal is not made. Trump tariffs wreaking havoc in Brazil's citrus belt Reuters reports: Read more here. Reuters reports: Read more here. South Korea weighs US investment pledge to trim auto tariff Trade discussions between the US and South Korea have led both sides to investigate the idea of creating a fund to invest in American projects. A report said this possible deal would be similar to the agreement Japan struck Tuesday with President Trump. The details of the plan are still not clear, but the US has been seeking pledges totaling hundreds of billions of dollars. However, further talks on a deal between the two sides may have to wait as a trade meeting between the US and South Korea has been postponed after Treasury Secretary Scott Bessent became unavailable due to a scheduling conflict, South Korea's Finance Ministry said Thursday. Bloomberg reports: Read more here. Trade discussions between the US and South Korea have led both sides to investigate the idea of creating a fund to invest in American projects. A report said this possible deal would be similar to the agreement Japan struck Tuesday with President Trump. The details of the plan are still not clear, but the US has been seeking pledges totaling hundreds of billions of dollars. However, further talks on a deal between the two sides may have to wait as a trade meeting between the US and South Korea has been postponed after Treasury Secretary Scott Bessent became unavailable due to a scheduling conflict, South Korea's Finance Ministry said Thursday. Bloomberg reports: Read more here. 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