An appeals court judge has denied former President Donald Trump’s request to delay the start of his New York hush money trial in order to challenge a gag order imposed by Judge Juan Merchan. New York Associate Justice Cynthia Kern rejected the application for an interim stay just minutes after hearing arguments on the matter. A full appeals court panel will still consider Trump’s petition, but it will not delay the start of the trial. Motions are due on the day jury selection is scheduled to begin, and the panel of judges will make a decision after receiving briefs. The trial could potentially be paused after it starts, but the likelihood of this happening seems low. The judges will also rule on the gag order itself at a later date.
Trump’s lawyers made a second unsuccessful attempt this week to postpone the start of the hush money trial, which is set to begin in six days. Trump is facing 34 counts of falsifying business records related to hush money payments made before the 2016 election. The former president has pleaded not guilty to these charges. This is the first of four potential criminal trials that Trump faces, and it may be the only one to occur before the 2024 election. During arguments on Tuesday, Trump’s attorneys argued that the gag order is causing irreparable harm to Trump and infringing on his First Amendment rights.
Judge Merchan imposed the gag order ahead of the trial, prohibiting Trump from publicly discussing witnesses, court staff, and the district attorney. The gag order was expanded to include Merchan’s family after Trump made disparaging comments about the judge’s daughter. Trump’s lawyer argued that the gag order unfairly prevents Trump from responding to comments made by potential witnesses in the case, such as Michael Cohen and Stormy Daniels. The district attorney’s office, which requested the gag order, argued that Trump has a history of making threatening remarks in legal cases, impacting potential witnesses.
The district attorney’s office emphasized the impact of Trump’s statements on potential witnesses and the deterrent effect they have on those who may be involved in the case. The office argued that Trump’s history of inflammatory and threatening remarks should not be allowed to derail the trial. Trump’s attorney claimed that their request was narrow, but the district attorney maintained that it was far broader and not grounds for delaying the trial. The district attorney also criticized Trump’s legal team for waiting until shortly before the trial to challenge the gag order, emphasizing the importance of proceeding with the criminal trial as planned. Documentation related to the gag order has been sealed and not publicly available.
In addition to challenging the gag order, Trump also sought to delay the trial to argue for a change of venue, but this request was rejected by an appeals court judge. The story has been updated with additional details and background information on the ongoing legal proceedings related to Trump’s hush money trial in New York. The trial is set to begin as planned, with the appeals court panel considering Trump’s petition concerning the gag order but not delaying the start of the trial.
