New York Appeals Judge Denies Trump's Bid to Delay Hush Money Trial Amid Gag Order Challenge

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ICARO Media Group
Politics
09/04/2024 19h14

In a recent development, a New York appeals judge swiftly dismissed Donald Trump's attempt to postpone his criminal hush money trial while he challenges the court-imposed gag order against him. This marks Trump's second failed bid in less than 24 hours to delay the trial, which is scheduled to begin jury selection in just six days.

Appellate Judge Cynthia Kern's ruling on Tuesday afternoon came shortly after a hearing where lawyers representing both Trump and Manhattan District Attorney Alvin Bragg debated the restrictions on the former president's speech, as reported by NBC News. The gag order currently prevents Trump from discussing potential witnesses and making certain statements about individuals connected to the case, including lawyers, court staff, and their family members. Presiding Judge Juan Merchan recently expanded the gag order to encompass Trump's remarks targeting the judge's and the D.A.'s family members.

During Tuesday's hearing, defense lawyer Emil Bove argued that Trump, as the presumptive Republican presidential nominee, was being unfairly constrained from responding to public attacks made by witnesses such as porn star Stormy Daniels and Michael Cohen, Trump's former personal attorney. Bove further presented the case for Trump to voice concerns about Matthew Colangelo, a prosecutor working for Bragg who had previously served in the Department of Justice.

Steven Wu, speaking on behalf of the Manhattan District Attorney, urged Judge Kern to reject Trump's request for a delay. Wu argued that the gag order was specifically tailored and aimed at preventing personal attacks by Trump on those involved in the case, rather than limiting political speech.

Judge Kern quickly denied Trump's motion for a delay in a concise one-sentence ruling. The motion will now be brought before a five-member panel of appeals court judges on Monday, coinciding with the start of the hush money trial.

The charges against Trump allege the falsification of business records to conceal a payment made to Stormy Daniels shortly before the 2016 presidential election, which Trump went on to win against Democratic nominee Hillary Clinton. Trump has pleaded not guilty to the charges.

On Monday, another appellate judge had previously denied Trump's request to halt the trial while seeking to relocate the case from Manhattan Supreme Court. Both requests stemmed from a last-minute appeal filed on Monday utilizing Article 78, a legal procedure that allows challenges to decisions made by state officials or certain actions by a judge.

In addition to these attempts, Trump's attorneys are also making a second bid for Judge Merchan to recuse himself from the trial, arguing that the judge's daughter's affiliation with a Democratic political consultant raises concerns of impartiality. District Attorney Bragg responded strongly to this request in a court filing, labeling it as an effort to bypass the gag order established by Judge Merchan after Trump repeatedly targeted the judge's daughter on social media. A previous request for recusal had been denied by Merchan last year.

As the trial's start approaches and legal battles continue, all eyes remain on the Manhattan Supreme Court to see how the case unfolds.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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