Appeals judge rejects Trump’s request to delay hush money trial so he can challenge gag order

new York
CNN
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An appeals court judge has denied former President Donald Trump’s request to delay the start of his trial in New York so he can challenge a gag order imposed by Judge Juan Murchan.

New York Judge Cynthia Kern denied the request for a temporary stay just minutes after hearing arguments on the matter on Tuesday.

A full panel of the appeals court will still hear Trump’s petition, though that won’t delay the start of the trial.

Proposals must be submitted on Monday, the day jury selection is due to begin. The panel of judges will decide whether to stop the trial after receiving notes that day, meaning the trial could in theory be stopped once it starts, although that possibility seems remote. The panel will decide on the gag order itself after April 29, when filings are due.

The panel of judges decides on the written cases; there will be no oral arguments.

Tuesday’s petition was the second failed attempt by Trump’s lawyers this week to try to delay the start of the hush-hush trial, which is now six days away. Trump has been charged with 34 counts of falsifying business records in connection with the recovery of secret cash payments made before the 2016 election. The former president has pleaded not guilty.

This is the first of four potential criminal trials Trump faces, though it may be the only one that occurs before the 2024 election.

During arguments Tuesday, Trump’s lawyers urged the appeals court judge to halt the trial so they can challenge Murchan’s order in the New York money case, arguing the former president is being irreparably harmed by the gag order, which violates his First Amendment Rights.

Emile Beauvais, a lawyer for Trump, said the former president’s comments may have been harsh, but neither side said they rose to the level of incitement.

Murchan introduced the gag order before the trial, which barred Trump from publicly commenting on witnesses and court staff and the district attorney. He expanded the gag order to cover his own family after Trump went after Murchan’s daughter on social media.

Trump’s lawyer argued Tuesday that Michael Cohen and Stormy Daniels, two expected witnesses in the case, are commenting daily on the merits of the case and that the gag order unfairly bars Trump from responding.

The restraining order also bars Trump from commenting publicly on his impeachment motion, which involves Murchan’s daughter, Bove said.

Trump’s lawyer also argued that Trump should also be able to publicly debate prosecutor Matthew Colangelo, a former Justice Department prosecutor whom Bove said is comparable to Manhattan District Attorney Alvin Bragg, who is not protected by the gag order. gagging because he is a public figure.

The district attorney’s office, which asked for the warrant, said Trump has a history of making threatening remarks in his cases.

The head of the Manhattan District Attorney’s appellate division, Stephen Wu, said it has been a challenge to get people to testify as witnesses “because they know what their names can get in the press.”

Wu argued that Trump’s statements had already affected the case and had a “significant deterrent effect” not only on the targets but also on those “perceived to be vulnerable if they become involved in this proceeding.”

“We’re talking about the defendant’s undisputed history of making inflammatory, threatening and defamatory remarks,” Wu said. “This is not a political debate,” he added.

Wu said that while Trump cannot comment on witnesses and their direct connection to this case and the charges, Trump is allowed to talk about his history with witnesses like Cohen.

Trump’s lawyer argued that this was a narrow request, but Wu responded that what Trump was seeking was much broader and was not grounds to derail the trial.

“There is no basis to stay a criminal trial based on a challenge to a bail order,” Wu said. “The criminal trial must continue regardless of the stay they are arguing for here. This is extremely important to us.”

He also claimed that Trump’s lawyers waited two weeks until the gag order was first imposed and are now filing it a week before the trial was scheduled to begin.

Documents related to the gag order are not publicly available and are sealed.

Trump also asked this week to delay the trial so he could argue for a change of venue, but an appeals court judge denied that request on Monday.

This story has been updated with additional details and background information.