A trial in the hush money case involving former President Donald Trump will not be postponed, as a New York appeals court judge has declined to do so. However, a full panel of the Appellate Division First Department will review Trump’s request to ease the limited gag order later this month.
In the coming weeks, the full panel will assess three factors that have the potential to impact Trump’s imminent criminal trial.
On Monday, the appellate court may make a decision regarding the trial. It will determine whether to delay the trial while considering Trump’s appeal of the gag order and a separate ruling that keeps the case in Manhattan.
The parties are required to submit their written arguments regarding the change of venue by April 22. Additionally, written arguments regarding the gag order must be submitted by April 29.
According to Trump’s defense lawyer, Emil Bove, the gag order has detrimental consequences as it prevents the former president from addressing allegations made by key trial witnesses, such as former Trump attorney Michael Cohen and adult film actress Stormy Daniels. Additionally, the gag order restricts Trump from criticizing one of the prosecutors involved in the case and expressing support for a recent motion to recuse the judge due to concerns about the conduct of the judge’s daughter. Bove argues that this situation causes irreparable harm to Trump’s ability to defend himself effectively.
Judge Cynthia Kern expressed skepticism in response to Trump’s request for a stay of the entire proceeding. She questioned the distinction between the gag order and a similar order that was upheld in Trump’s federal election interference case.
According to Bove, Cohen and Daniels are taking a unique approach to publicly criticizing President Trump. Unlike other witnesses in similar cases, they are attacking him in a different manner.
Steven Wu, a lawyer representing the Manhattan District Attorney, opposed the request for a stay and highlighted Trump’s well-documented track record of making derogatory comments. These include referring to witnesses as “losers,” “horse face,” and “deranged psychopaths.”
Wu emphasized the importance of proceeding with the criminal trial regardless. According to Wu, it is crucial to ensure that extrajudicial statements made by the defendant do not prejudice the trial at this time.
Wu expressed his concern about the impact of Trump’s remarks on others, stating that it puts them in the “line of fire” and may affect the willingness of trial witnesses to participate.
Wu expressed concerns about the challenges they have faced in finding witnesses willing to come forward and testify in their case.
Trump’s attorneys have previously expressed their concerns about how the gag order restricts the presumptive Republican nominee’s ability to freely campaign and defend himself legally.
The challenge revolves around an administrative petition filed against Judge Juan Merchan. The petition aims to prevent Trump from launching personal attacks on witnesses, prosecutors, and court staff.
Merchan recently extended the gag order to encompass his family members following repeated attacks by Trump on the judge’s daughter for her involvement with a Democratic political consulting firm.
In a previous civil fraud case, Trump had contested a restricted gag order by employing a similar approach. Initially, he secured a temporary stay, but eventually, the full appeals court upheld the gag order.
In April of last year, Trump entered a plea of not guilty to a 34-count indictment. The charges stemmed from allegations of him falsifying business records. These records were related to a hush money payment made by Cohen to Daniels shortly before the 2016 presidential election.
The jury selection process for the trial is set to begin on April 15 in New York City.