Trump's Legal Team Appeals Gag Order and Request to Move Trial from Manhattan
ICARO Media Group
In a recent development, former President Donald Trump's legal team has filed appeals seeking to reverse a gag order issued by New York Supreme Court Justice Juan Merchan and requesting a change of venue for the hush money criminal case. The appeals were filed just a week before the scheduled start of jury selection on April 15.
One of the appeals specifically names Justice Juan Merchan as a defendant, according to court records. The appeal argues that jury selection in Manhattan, known for its largely liberal population, cannot proceed fairly due to a recent survey commissioned by the defense. The survey revealed that 61 percent of surveyed Manhattan residents believed Trump was guilty in the hush money case.
During an emergency conference, Trump's lawyer Emil Bove presented arguments to appeals Judge Lizbeth Gonzalez, requesting a hold on the trial. Bove contended that the extensive media coverage surrounding the case has prejudiced the potential jury pool, making a fair trial impossible.
Steven Wu, representing Manhattan District Attorney Alvin Bragg's office, argued that it is still possible to select a fair jury even among those with preconceived notions about the case, as long as they can pledge to be impartial and evaluate the facts. Wu also pointed out that Trump himself has actively sought media attention, thereby contributing to any potential bias among the jurors.
The appeals also address a separate issue regarding Judge Merchan's limited gag order, which protects individuals involved in the case and their relatives. Arguments on the gag order issue are expected to be heard by an emergency appeals judge on Tuesday.
Originally scheduled to begin on March 25, the trial was postponed by Judge Merchan to April 15 after federal prosecutors handed over approximately 100,000 pages of records to the defense. The case revolves around 34 counts of falsifying business records related to a $130,000 payment made to adult film actress Stormy Daniels before the 2016 election, allegedly to keep her quiet about a sexual encounter she claims to have had with Trump years earlier.
Judge Merchan issued the limited gag order against Trump on March 26, prohibiting him from publicly discussing various individuals involved in the case. The gag order did not initially include Judge Merchan himself or Manhattan District Attorney Alvin Bragg and their relatives. However, it was expanded on April 1 to include protections for Bragg's family members and Merchan's own, due to Trump's continued references to them on social media.
Furthermore, Trump's behavior has raised concerns that he may be barred from accessing juror names, which will be kept confidential but made available to the involved parties. Trump has faced criticism for targeting the judge's daughter, who runs a political marketing and fundraising firm serving Democratic candidates, including President Joe Biden and Vice President Kamala Harris.
Earlier attempts by Trump's defense team to have Judge Merchan recuse himself from the case were unsuccessful, based on his daughter's profession and small campaign donations made to Biden's campaign and progressive organizations.
The trial in Manhattan is just one of multiple legal challenges the former president currently faces. Trump has been indicted in three different jurisdictions, including Washington D.C., Georgia, and Florida, with charges ranging from obstructing the election to alleged violations of the Espionage Act. Trump has pleaded not guilty to all 88 counts he faces.
The appeals regarding the gag order and the change of venue mark the latest attempts by Trump's legal team to challenge the fairness and impartiality of the upcoming trial. As the legal proceedings continue, the outcome remains uncertain, but the drama surrounding the case only further fuels the ongoing political divide.