In a recent decision, a New York appeals court judge has rejected former President Donald Trump's request to halt his upcoming criminal trial, all while engaging in discussions regarding a potential gag order.
This marks the second occasion in as many days that New York's Appellate Division, First Department has turned down Trump's plea to postpone the trial, which is scheduled to commence on April 15. Trump's legal representative argued on Tuesday that the gag order, prohibiting Trump from making negative remarks about the judge's daughter, is in violation of the constitution.
Conversely, counsel for Manhattan District Attorney Alvin Bragg countered by highlighting Trump's history of targeting the family members of individuals connected to cases against him.
Both parties engaged in a second impromptu appellate hearing. On Monday, Trump took legal action against the presiding judge in his case, Juan Merchan, by filing sealed documents with a New York appellate court. In these filings, Trump requested the removal of the gag order imposed by Merchan on April 1, as well as a postponement of the trial set for April 15 while Trump pursues a change of venue.
On Monday, a judge from New York's Appellate Division, First Department initially addressed the request for a delay, also known as a stay.
Associate Justice Lizbeth Gonzalez refrained from commenting on the change of venue or gag order in her brief ruling on Monday evening, denying a stay of the upcoming trial. Associate Justice Cynthia Kern also stated on Tuesday that she would not postpone the trial at this time.
Despite the trial proceeding, Trump's attempts to halt it will persist.
In her ruling on Tuesday, Kern mentioned that a group of appellate judges will address the two issues raised by Trump. Trump's legal team is required to submit a briefing to the panel on the morning of April 15, coinciding with the arrival of potential jurors in the courtroom.
During the case on Tuesday, Emil Bove, a lawyer for Trump, argued against the gag order, contending that it hinders Trump from responding to attacks by key witnesses in the case: former attorney Michael Cohen and adult film star Stormy Daniels, also known as Stephanie Clifford.
"Mr. Cohen and Ms. Clifford are publicly criticizing President Trump in a manner distinct from other cases," Bove asserted, claiming that the gag order infringes on Trump's First Amendment rights.
"The immediate harm to the First Amendment resulting from this gag order is irreversible," Bove emphasized.
In response, Steven Wu, an attorney for Bragg, argued that Bove's intention was to enable Trump to launch "insults" and make "inflammatory remarks about individuals involved in the case."
"The concerning aspect of this constitutional argument is its potential to target anyone," Wu remarked, highlighting Trump's social media assaults on the relatives of judges and prosecutors in various other instances.
Aside from requesting the removal of the gag order, Trump's legal team once again urged for a postponement of the trial while the gag order appeal is being reviewed by the full panel on the appeals court.
Wu argued, "There is no valid reason to delay a criminal trial" on this basis, and "they have not provided any case precedent" to support their position.
Although the filings by Trump and Bragg regarding the matter are not publicly available, they can be found in an online court database under the categories of "change of venue" and "stay." Documents related to an appeal concerning a criminal case are typically sealed initially for the review of sensitive information.
Trump has also expressed frustration over the gag order in the case, which stopped his frequent social media diatribes against Merchan, whom he accused of bias due to his daughter's affiliation with a Democrat-aligned consulting firm.
Trump has made two attempts to have Merchan recused from the case, with the first being denied in 2023, when Merchan referenced a state ethics panel review that cleared him of any ethical conflicts.
