A New York appeals court judge declined to postpone the April 15 trial in former President Donald Trump’s hush money case.
A full panel of the Appellate Division First Department will consider later this month whether to relax a limited gag order as Trump has requested.
By April 29, the parties must submit written arguments about the gag order.
Wu expressed concern about Trump’s remarks putting others in the “line of fire” and potentially impacting the participation of trial witnesses.
Trump’s attorneys have previously complained the gag order hamstrings the presumptive Republican nominee in both his political campaign and his legal defense.
Merchan recently expanded the gag order to include his family members after Trump repeatedly attacked the judge’s daughter over her work for a Democratic political consulting firm.
Trump previously challenged a limited gag order in his civil fraud case using this same method.
He won a temporary stay before the full appeals court upheld the gag order in that case.
The trial scheduled for April 15 in former President Donald Trump’s hush money case has not been postponed, according to a judge in New York’s appeals court. Later this month, the Appellate Division First Department full panel will deliberate whether to lift a limited gag order, per Trump’s request.
Three elements that could influence Trump’s impending criminal trial will now be discussed by the entire panel in the upcoming weeks.
The appeal court could decide whether to postpone the trial until Monday, the day the trial is set to start, in order to give consideration to Trump’s appeal of the gag order and an independent decision that maintains the case in Manhattan.
Written arguments concerning a change of venue must be submitted by April 22 to the parties. Written arguments concerning the gag order must be submitted by April 29 to the parties.
Emil Bove, the defense attorney for former President Trump, contended on Tuesday morning that the gag order causes “irreparable harm” because it keeps the former president from addressing criticism of one of the prosecutors in the case and from addressing the conduct of his daughter, which is the subject of attacks from expected trial witnesses Michael Cohen and adult film actress Stormy Daniels.
Judge Cynthia Kern expressed skepticism in her response to Trump’s request for a stay of the entire case, questioning how the gag order differs from one that was upheld in his federal election interference case.
Bove contended that Cohen and Daniels “are attacking President Trump in public in a way that is completely different from any witness in any of these cases.”.
Defending Trump’s “uncontested history” of derogatory remarks, which include calling witnesses “losers,” “horse face,” and “deranged psychopaths,” Manhattan District Attorney Steven Wu pushed back against the stay request made by the plaintiff. ****.
“In any case, the criminal trial ought to go forward,” Wu stated. “At this precise moment, it is crucial to make sure the defendant’s extrajudicial remarks do not taint the trial. “.
Wu voiced worry that Trump’s comments would put people in the “line of fire” and might affect trial witnesses’ willingness to testify.
“We’ve already had trouble getting witnesses to come forward and testify in our case,” Wu stated.
The presumptive Republican nominee is hampered in both his political campaign and legal defense, according to previous complaints made by Trump’s lawyers about the gag order.
The challenge is set up in accordance with an administrative petition filed against Judge Juan Merchan, who has prohibited Trump from disparaging the prosecution, court employees, and witnesses.
Following repeated attacks by Trump on the judge’s daughter for her employment at a Democratic political consulting firm, Merchan recently extended the gag order to his family members.
Previously, Trump used this same strategy to challenge a limited gag order in his civil fraud case. Before the entire appeals court upheld the gag order in that particular case, he was granted a temporary stay.
In response to a 34-count indictment that accused him of fabricating business records in relation to a hush money payment that Cohen made to Daniels just a few days prior to the 2016 presidential election, Trump entered a not guilty plea last April.
The trial’s jury selection process is presently set to begin in New York City on April 15.
