Source: Alon Skuy / Getty
An appeals court judge has swiftly turned down former President Donald Trump’s bid to postpone the kickoff of his New York hush money trial, aiming to contest the gag order put in place by Judge Juan Merchan.
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New York Associate Justice Cynthia Kern rejected the request for a temporary stay shortly after hearing arguments on Tuesday. However, the full appeals court panel will still review Trump’s petition, although it won’t stall the trial’s start.
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Trump’s legal team tried twice this week to delay the trial’s onset, now just six days away. The ex-president faces 34 charges of falsifying business records concerning pre-2016 election hush money reimbursements and has entered a plea of not guilty.
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During Tuesday’s arguments, Trump’s lawyers emphasized halting the trial’s commencement to challenge Merchan’s gag order, alleging it infringes on Trump’s First Amendment rights. Emil Bove, representing Trump, acknowledged that Trump’s remarks may be blunt but claimed they don’t reach the level of incitement.
The gag order prevents Trump from publicly discussing court personnel and witnesses, and it broadened after Trump targeted Merchan’s daughter online. Trump’s attorney argued that Trump should be able to discuss witnesses like Michael Cohen and Stormy Daniels, who regularly comment on the case.
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However, the prosecution countered, highlighting Trump’s history of making threatening statements and the impact they’ve had on potential witnesses. Manhattan District Attorney’s Office Chief of Appeals Steven Wu argued that Trump’s comments have already affected the case by deterring potential witnesses from testifying.
The trial is scheduled to begin soon, with motions due on Monday. The appeals court panel will decide on the stay after receiving briefs, and they’ll address the gag order itself after April 29. Trump’s previous attempt to delay the trial to argue for a venue change was also rejected earlier this week.
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