Trump Places Hope in Full Appeals Court To Delay Stormy Daniels Trial, as Judge Denies His Last-Ditch Appeal

Another appeal in President Trump’s relentless effort to postpone his April 15 hush-money trial was denied by another single appeals court judge on Tuesday. A full panel of judges will review the request next Monday, though, which means the appeals court could still pause the trial on the same day as it is set to begin with jury selection. The Sun reported that Mr. Trump’s defense attorneys filed an Article 78 proceeding with New York’s Appellate Division First Department on Monday. Article 78 is a legal maneuver that allows petitioners to challenge an action, or inaction, by agencies of New York state and local governments, such as judges, tribunals, boards, and even private companies whose existence is based on statutory authority. In the Monday lawsuit, Mr. Trump challenged the gag order that the judge presiding over his upcoming criminal trial, Juan Merchan, imposed on Mr. Trump in March.Judge Merchan’s restriction prohibits the defendant from making public statements about witnesses, jurors, counsel, court staff, and their families. Last week, the judge expanded the order to include the Manhattan district attorney’s family and his own after Mr. Trump repeatedly denounced his daughter, Loren Merchan, a Democratic operative, for bias. Judge Juan Merchan in his chambers at New York, March 14, 2024. AP/Seth WenigJudge Juan Merchan’s daughter, Loren Merchan, has worked as a Democratic operative. Via FacebookDuring the brief hearing on Tuesday, Mr. Trump’s defense team argued that the gag order causes “irreparable harm” for a presidential candidate during an election and infringes on his First Amendment rights. Furthermore, it prevents Mr. Trump, one his attorneys, Emil Bove, said, from responding to public attacks his former personal lawyer and current nemesis, Michael Cohen, and an adult film star, Stormy Daniels, are unleashing in their frequent public appearances. Mr. Trump has been charged with 34 felony counts for falsification of business records. The Manhattan district attorney, Alvin Bragg, accuses Mr. Trump of attempting to hide an alleged sexual encounter with Stormy Daniels from voters during the 2016 election. Ms. Daniels, whose real name is Stephanie Clifford, and who writes, directs, and stars in adult movies, says she had sex with the future president in 2006 and was paid $130,000 to keep silent about the affair during the presidential election. Her fee was paid by Cohen. According to prosecutors, Mr. Trump later repaid this debt to Cohen, but fraudulently disguised the reimbursement as legal expenses. Mr. Trump has pleaded innocent to all charges and denies ever having had sex with Ms. Clifford. The trial, which is scheduled to begin on April 15, will be the first criminal trial against a former president in American history — that is, if the defense doesn’t succeed in stopping it. On Monday, Mr. Trump’s attorneys asked the same appeals court to postpone the trial until they resolve the defense’s demands to move the trial out of Manhattan, where Mr. Trump is deeply unpopular. A single appellate judge, Lizbeth González, denied the request. A full panel will review whetherto move the trial after April 22, when the attorneys must file their respective documents. Judge Lizbeth Gonzalez, left, who denied one of President Trump’s motions on Monday, with Carmen Beauchamp Ciparick at a Hispanic Heritage Awards Dinner. Via NY CourtsOn Tuesday morning, smarting from the blow they received from Judge Gonzalez, Mr. Trump’s team was back at the appeals court, requesting to pause the trial until they resolve their lawsuit against the gag order the trial judge imposed on their client. Associate Justice Cynthia Kern asked the defense why she should halt an entire trial if the gag order issued was similar to the one recently upheld in Mr. Trump’s federal election interference case. Mr. Bove argued that Cohen and Ms. Clifford “are attacking President Trump in public in a way that is completely different from any witness in any of these cases.” Yet the appellate chief for the Manhattan district attorney’s office, Steven Wu, told the court: “We’re talking about defendant’s uncontested history of making inflammatory, threatening, defamatory remarks. This is not political debate.” He also reminded the judge that Mr. Trump has fired insults at witnesses in his various legal proceedings, including calling them “losers,” “horseface” (his epithet for Ms. Clifford), and “deranged psychopaths,” among other calumny.President Trump talks to attorney Susan Necheles during a pre-trial hearing in his hush money trial at Manhattan criminal court, February 15, 2024. Steven Hirsch-pool/Getty ImagesMr. Bove pushed back, saying Mr. Trump’s remarks could be rude but they did not reflect any kind of incitement. Mr. Wu pointed out that under the current gag order, Mr. Trump could still comment about his history with witnesses like Cohen. “The criminal trial should proceed regardless,” he argued. “This is the very time when it is most important to ensure extrajudicial statements by the defendant do not prejudice the trial.” Mr. Wu added that Mr. Trump’s public comments also put participants in the “line of fire,” which could stir fear in trial witnesses and stop them from testifying. “There has already been difficulty finding witnesses in our case to come forward and testify,” Mr. Wu admitted.District Attorney Alvin Bragg at New York on April 4, 2023. AP/John MinchilloMr. Trump’s lawyers insisted, though, that their client should be granted the right to publicly discuss all participants. They explained that one of the prosecutors, Matthew Colangelo, used to be a prosecutor at the Department of Justice under President Biden, and hence their client, who is running against Mr. Biden in the upcoming election, has the right to express his concern regarding political persecution. Defense attorneys also brought up, again, the matter of Judge Merchan’s Democratic operative daughter. Ms. Merchan heads an agency, Authentic Campaigns, that works with Democratic clients, including fierce opponents of Mr. Trump such as Vice President Harris and Representative Adam Schiff. Mr. Trump has repeatedly demanded that Judge Merchan recuse himself due to her political work. The appellate judge denied the request to postpone the trial. A full panel will review the ruling on April 15. The prosecution must file their opposition papers by April 12. Mr. Trump can then respond by 10 a.m. on April 15. The panel will convene and decide during the day whether to stop the trial — while, in another courthouse, the parties begin to screen potential jurors.The lawsuit against the gag order will be reviewed by a full panel of judges after April 29, when the parties must submit their paperwork.

Trump Places Hope in Full Appeals Court To Delay Stormy Daniels Trial, as Judge Denies His Last-Ditch Appeal

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