US court rejects Donald Trump’s latest attempt to delay hush money criminal trial

A New York appeals court judge on Tuesday rejected former President Donald Trump’s latest bid to delay his hush-money criminal trial while he fights a gag order. The ruling clears the way for jury selection to begin next week unless the court takes further action.

Justice Cynthia Cohen’s ruling is another loss for Trump, who has repeatedly tried to delay the trial. Jury selection is scheduled to begin Monday.

Trump’s lawyers want to delay the trial until a full panel of appeals court judges can hear arguments about lifting or modifying a gag order that bars him from speaking about jurors, witnesses and others related to the hush-money case Public statement.

Lawyers for the presumptive Republican nominee argue that the gag order is an unconstitutional restriction on Trump’s free speech rights while he campaigns for president and faces criminal charges.

“The First Amendment harm caused by this gag order is irreparable,” Trump lawyer Emil Boff said Tuesday during an emergency hearing before the state’s intermediate appeals court.

Boff argued that Trump should not be silenced when critics, including his former lawyer and agent Michael Cohen and porn actor Stormy Daniels, regularly attack him. Both men are key witnesses for the prosecution.

Boff also argued that the order unconstitutionally limited Trump’s criticism of the case and his ability to address and be heard by the voting public.

Steven Wu, appeals director for the Manhattan District Attorney’s Office, countered that “it is in the public interest to protect the integrity of the trial.”

“What we’re talking about here is the defendant’s undisputed history of making inflammatory, defamatory statements about people involved in this case,” Wu said. “This is not a political debate. These are insults.”

He said prosecutors have struggled to get some witnesses to testify “because they know the consequences of having their names in the media.” Wu did not reveal the identities of the witnesses but noted they included those willing to testify about record-keeping practices. people.

The gag order still leaves Trump “free to speak on a range of issues,” noting that he can comment on Judge Juan M. Merchant and District Attorney Alvin Bragg and “make political arguments as he sees fit.” “. Trump has repeatedly lambasted Democrats Bragg and the judge.

Merchin issued a gag order last month at the urging of prosecutors, and last week Trump blasted the judge’s daughter, a Democratic political consultant, on social media and dismissed what the court system was saying as falsehoods. The gag order was then expanded last week to ban comments about his family. About her statement.

Tuesday marked the second of consecutive days for Trump’s lawyers before the appeals court. Associate Judge Lizbeth Gonzalez on Monday rejected their request to delay the trial while Trump seeks to move his case out of predominantly Democratic Manhattan.

Trump’s lawyers frame their gag order appeal as a lawsuit against a silent investigation. In New York, under state law Section 78, judges can be sued to challenge certain decisions.

Trump has used this tactic before, including targeting a judge in a recent New York civil fraud trial in a last-minute and unsuccessful attempt to delay the case; last fall, the judge issued a gag order barring participation in the trial. who publicly commented on court staff. The order comes after Trump smeared the judge’s chief law clerk in a social media post.

A single appeals judge lifted the civil trial gag order, but an appeals panel reinstated it two weeks later.

Trump’s criminal hush-money case involves accusations that he falsified company records to conceal the nature of payments to Cohen, who helped him bury negative stories during the 2016 campaign. Cohen’s campaign included a $130,000 payment to Daniels to suppress claims that she had extramarital sex with Trump years ago.

Trump pleaded not guilty last year to 34 felony counts of falsifying business records. He denied having sex with Daniels. His lawyers argued that the payments to Cohen were legitimate legal expenses.

Trump has repeatedly tried to delay the trial.

Last week, when Merchin rejected various requests to delay the trial, Trump again asked the judge to recuse himself from the case. Last August, a judge denied a similar request.

Trump’s lawyers claimed the judge was biased against him and had a conflict of interest because his daughter Loren serves as president of Real Campaign, a firm whose clients include President Joe Biden and other Democrats. Trump’s lawyers complained that the expanded gag order was protecting businessmen “from legitimate public criticism.”

McCann has long resisted imposing a gag order. During Trump’s trial in April 2023, he warned Trump not to make remarks that could incite violence or endanger security, but did not silence him. During a subsequent hearing, Mercha noted Trump’s “special” status as a former president and current candidate and said he was “doing everything we can” to ensure Trump has every opportunity “to speak to promote his candidacy.” “.

As the historic trial approaches, Merchant has become increasingly wary of Trump’s comments disrupting the historic trial. In issuing the gag order, he said his obligation to ensure the fairness of the proceedings outweighed First Amendment concerns.

Trump responded on social media that the gag order was “illegal, un-American, and unconstitutional” and said Murchin was “wrongly trying to take away my First Amendment right to speak out against the weaponization of law enforcement by my Democratic opponents.”

Trump suggested without evidence that Murchin’s decision-making was influenced by his daughter’s career interests and claimed that Loren Murchin posted a photo on social media showing Trump in jail that was later removed Court officials deny it.

After the incident broke out, Merchin expanded the gag order on April 1, prohibiting Trump from making remarks about the judge’s family or Bragg’s family.

“They can talk about me but I can’t talk about them???” Trump responded on his “Truth Social” platform.