In yet another legal setback for Donald Trump, a New York appeals judge swiftly dismissed his attempt to delay his criminal hush money trial by challenging a court-imposed gag order. This ruling, delivered by Appellate Judge Cynthia Kern, marked Trump’s second failed effort within 24 hours to postpone the trial, scheduled to commence jury selection in six days at Manhattan Supreme Court.
The rejection occurred following a hearing where attorneys for Trump and Manhattan District Attorney Alvin Bragg debated the restrictions on Trump’s speech, particularly regarding likely witnesses and related individuals.
The gag order, initially issued by Presiding Judge Juan Merchan, prohibits Trump from discussing potential witnesses and making certain statements about lawyers, court personnel, and their families.
Last week, Merchan extended the order to include family members of the judge and the D.A. Defense lawyer Emil Bove argued during Tuesday’s hearing that Trump’s speech was unfairly curtailed, preventing him from responding to public attacks by witnesses like Stormy Daniels and Michael Cohen, Trump’s former attorney.
Bove contended that Trump should be allowed to express concerns about prosecutor Matthew Colangelo’s prior work for the Department of Justice.
Trump (Credits: CNN)
Steven Wu, representing the D.A., urged Kern to reject Trump’s plea for a delay, asserting that the gag order was narrow and aimed at preventing personal attacks rather than restricting political speech.
In a brief ruling, Kern denied Trump’s motion for a delay, which will now be reviewed by a panel of five appellate court judges on Monday, coinciding with the trial’s commencement. Trump faces charges of falsifying business records to conceal a payment to Stormy Daniels shortly before the 2016 presidential election, to which he has pleaded not guilty.
Previously, another appellate judge rejected Trump’s request to pause the trial while he sought to move the case out of the Manhattan Supreme Court. Both denials stemmed from a last-minute appeal filed Monday, utilizing a legal procedure called Article 78, which allows challenging decisions by state officials or certain judicial actions.
Trump’s legal team is attempting for a second time to have Judge Merchan recuse himself from the trial, arguing that his daughter’s affiliation with a Democratic political consultant creates an appearance of bias. However, Bragg condemned this move as an attempt to circumvent the gag order, emphasizing Merchan’s prior denial of a similar recusal request.
