NEW YORK, NY – A New York appeals court judge has rejected former President Donald Trump’s request to postpone the trial in his hush money case, slated to begin on April 15. The decision was made by Judge Cynthia Kern, who also stated that the full Appellate Division First Department will later review whether to ease the limited gag order that Trump has been requesting.
In the upcoming weeks, the full panel of the appellate division will consider three important components that could potentially impact Trump’s criminal trial in New York. On the very day the trial is set to commence, the appellate court may decide whether to delay the trial while considering Trump’s appeal on the gag order and another ruling that maintains the case in Manhattan.
The parties involved in the case must submit written arguments about the change of venue by April 22, and written arguments about the gag order by April 29. Trump’s defense lawyer, Emil Bove, argued that the gag order impairs the former president’s ability to respond to attacks from expected trial witnesses, such as Michael Cohen and Stormy Daniels. Bove also claimed that the gag order prevents Trump from criticizing one of the prosecutors in the case and expressing support for a recent motion to have the judge recused based on the conduct of the judge’s daughter.
However, Judge Kern expressed skepticism about Trump’s request for a stay on the entire proceeding, questioning the difference between the gag order in this case and a similar order upheld in Trump’s federal election interference case. Steven Wu, a lawyer for the Manhattan District Attorney, opposed the request for a stay and highlighted Trump’s history of denigrating remarks about witnesses, referring to them as “losers,” “horse face,” and “deranged psychopaths.”
Wu argued that the criminal trial should proceed to prevent extrajudicial statements by the defendant from prejudicing the trial. He also expressed concern that Trump’s remarks could intimidate trial witnesses and hinder their participation. Trump’s attorneys have previously complained that the gag order limits his ability to campaign politically and defend himself legally.
The challenge against the gag order is filed against Judge Juan Merchan, who previously prohibited Trump from attacking witnesses, prosecutors, and court staff. Recently, Merchan extended the gag order to include his family members after Trump repeatedly targeted the judge’s daughter for her work with a Democratic political consulting firm.
It is worth noting that Trump had previously challenged a limited gag order in a civil fraud case, winning a temporary stay before the full appeals court upheld the gag order. In April of last year, Trump pleaded not guilty to a 34-count indictment, which accused him of falsifying business records related to a hush money payment made by his former attorney, Michael Cohen, to adult film actress Stormy Daniels just before the 2016 presidential election.
Jury selection for the trial is scheduled to commence on April 15 in New York City. The full Appellate Division First Department will review Trump’s appeal on the gag order in the coming weeks, determining whether any relaxation of the order is warranted.