In a significant setback for former President Donald Trump, a New York appeals court judge on Tuesday dismissed his latest attempt to delay his impending hush money criminal trial. The decision, which was made in a mere 12 minutes, rejected the argument that the trial should be postponed while Trump battles a gag order.
The ruling by Justice Cynthia Kern marks the second time in two days that the state's mid-level appeals court has denied a request to delay the trial, which is scheduled to commence next week. This further diminishes the likelihood of a delay that Trump's legal team has been fervently pursuing.
Trump's attorneys had sought to postpone the trial until a full panel of appellate court judges could hear arguments on whether to lift or modify a gag order that prohibits him from making public statements about jurors, witnesses, and others involved in the hush-money case. They contend that the gag order infringes on Trump's free speech rights, especially as he is potentially the Republican nominee for the upcoming presidential election and is concurrently battling criminal charges.
"The First Amendment harms arising from this gag order right now are irreparable," stated Trump's lawyer Emil Bove during an emergency hearing on Tuesday in the state's mid-level appeals court. Bove argued that it was unfair for Trump to be silenced while his critics, including his former lawyer Michael Cohen and adult film actress Stormy Daniels, continue to publicly criticize him. Both Cohen and Daniels are key witnesses for the prosecution in this case.
The defense also contended that the gag order unconstitutionally restricts Trump's ability to critique the case and, consequently, his ability to communicate with the voting public. However, Steven Wu, the appellate chief for the Manhattan district attorney’s office, countered that there is a “public interest in protecting the integrity of the trial.”
Wu highlighted Trump's history of making inflammatory comments about individuals involved in the case, stating, “This is not political debate. These are insults.” He also noted that some witnesses have been reluctant to testify due to fears of public backlash.
Despite the gag order, Trump still has the freedom to discuss a range of issues, including his views on Judge Juan M. Merchan and District Attorney Alvin Bragg. Trump has repeatedly criticized both Bragg, a Democrat, and the judge.
Unless there is further court action, jury selection for the trial will begin on April 15. The hush-money criminal case revolves around allegations that Trump falsified his company's records to conceal payments to Cohen, who helped him suppress negative stories during his 2016 campaign. Trump has pleaded not guilty to 34 felony counts of falsifying business records and has denied having a sexual encounter with Daniels. His lawyers maintain that the payments to Cohen were legitimate legal expenses.
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