As of September 13, 2026, Donald Trump faces no pending criminal prosecution. The remaining criminal matter is his appeal of the New York conviction, alongside a separate federal appeal over whether that case can move into federal court. That means the major change is procedural, not a new indictment or trial. The next significant development is expected from the Second Circuit, which will review the federal judge's August 28 refusal to allow removal.
Table of Contents
- What criminal cases remain?
- Why did the federal judge reject removal?
- What happens next?
- Why are the dismissed federal and Georgia cases not active in 2026?
- Frequently Asked Questions
What criminal cases remain?
The new York hush-money case remains the only surviving criminal matter involving Trump. A Manhattan jury found him guilty in May 2024 on 34 felony counts of falsifying business records. Judge Juan Merchan imposed an unconditional discharge in January 2025.
That sentence included no jail, fine, or probation, but it did not erase the conviction. The Associated Press reports that Trump's state appeal of the conviction remains pending. Associated Press, august 28, 2026 The case is therefore not "finished" in the appellate sense. It is also not an active prosecution in the ordinary sense: there is no new trial underway and no pending criminal charge awaiting trial.
Why did the federal judge reject removal?
On August 28, U.S. District Judge Alvin Hellerstein again denied trump's effort to move the New York case from state court to federal court. He found the asserted grounds "neither new nor legally sufficient." U.S. District Court for the Southern District of New York, August 28, 2026 Removal means transferring a case from state court to federal court.
Hellerstein held that Trump waited too long, that federal law did not authorize removal after conviction and judgment at this stage, and that the asserted federal defenses did not justify moving the case. The ruling also separated personal conduct from official presidential conduct. Hellerstein treated the hush-money payment and alleged business-record cover-up as personal acts, not actions taken as part of presidential duties. On that reasoning, presidential immunity did not require removal or dismissal.
What happens next?
Trump's lawyers notified the court that they would appeal Hellerstein's August 28 ruling. The next federal development is therefore a Second Circuit review of the removal and immunity issues, rather than a new prosecution. That appeal could address whether the case may be transferred after conviction, whether Trump showed sufficient cause for his late request, and whether presidential immunity applies to the conduct at issue.
The district court's ruling remains the operative decision unless an appellate court changes it. The separate New York state appeal remains important because it directly challenges the conviction. These are related legal tracks, but they are not the same proceeding: one concerns federal removal and immunity, while the other concerns the state conviction itself.
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Why are the dismissed federal and Georgia cases not active in 2026?
The federal January 6 election-obstruction case was dismissed after Trump's 2024 reelection. The Justice Department's Special Counsel report said the dismissal followed the department's position that a sitting president cannot be federally indicted and prosecuted. U.S.
Department of Justice, January 2025 The Georgia election-interference case also is not pending. Fulton County Superior Court dismissed it on November 26, 2025, after replacement prosecutor Peter Skandalakis moved for nolle prosequi, a formal decision not to continue the prosecution. Associated Press, November 26, 2025 For readers tracking accountability, the practical distinction is straightforward: The most concrete item to watch is the Second Circuit's handling of Trump's appeal from Hellerstein's August 28 decision.
- New York: conviction remains under appellate review.
- Federal January 6 case: dismissed after Trump returned to the presidency.
- Georgia case: dismissed in state court in 2025.
- New federal criminal prosecution: none pending as of September 13, 2026.
Frequently Asked Questions
Does an unconditional discharge mean Trump was cleared?
No. The sentence imposed no jail, fine, or probation, but the New York conviction remains in place while his appeal is pending.
Is Trump facing a new criminal trial?
No. As of September 13, 2026, no new criminal prosecution or trial is pending.
What is the next major court development?
The Second Circuit is expected to review Trump's appeal of the federal decision rejecting removal and immunity arguments.
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