For the third consecutive day, a New York appellate judge has denied former US President Donald Trump’s request to postpone his hush money trial, as per CNN. The judge’s decision follows Trump’s appeal to the New York appeals court for emergency relief to halt the criminal trial, which was set to commence on Monday, to allow him to challenge a lower court’s ruling on presidential immunity and seek the judge’s recusal from the case.
Associate Justice Ellen Gesmer swiftly rejected the interim motion to stay the trial shortly after hearing arguments. This latest court filing is part of a series of actions by Trump to halt the trial, with the possibility of appealing the denied motions to New York state’s highest court, the Court of Appeals, though it’s not obliged to accept them, as per CNN.
During Wednesday’s hearing, Trump’s attorney Emil Bove argued that his client sought a stay due to three key issues that impact the trial’s fairness: recusal, restrictions on filing defense motions, and presidential immunity. Bove emphasized the importance of getting it right, saying, “This can only be done once, and it must be done right because of the impact it will have on this election.”
In response, the Manhattan district attorney’s office urged the court to reject the latest attempt to delay the trial, highlighting the significant public interest in ensuring the trial proceeds as scheduled.
Earlier this week, Trump’s legal team sought to postpone the trial to challenge a gag order preventing Trump from commenting on witnesses, the judge’s family, and jurors. Both attempts were denied. The decision on Wednesday was made amid a busy schedule of previously scheduled arguments, necessitating the conversion of the courthouse basement into a temporary courtroom.
Bove raised concerns about the restrictions on filing motions, citing an example where they wouldn’t be able to file a motion to preclude testimony by Michael Cohen if he were scheduled to testify the next day, emphasizing that this hampers Trump’s constitutional right to defend himself.
Regarding presidential immunity, Bove argued that the judge had exceeded his authority, while Steven Wu from the Manhattan District Attorney’s Office countered that Trump had not followed proper procedure to challenge the judge’s rulings.
Lisa Evans, representing the court, opposed Trump’s recusal petition, stating, “There’s absolutely no evidence to show that Judge Merchan stands to benefit from the outcome of this trial. There’s no proof.”
In March, a New York judge scheduled Trump’s hush money trial to begin on April 15, marking his first criminal trial this spring after a last-minute delay, as reported by The Hill.
