A New York appeals court judge swiftly dismissed Donald Trump’s latest attempt to delay his upcoming hush money criminal trial. The decision, delivered in a mere 12 minutes, rejected the former president’s argument to postpone the trial while he challenges a gag order that restricts his public statements. This ruling marks the second time in two days that the state’s mid-level appeals court has refused to delay the trial, scheduled to commence next week, significantly diminishing any remaining avenues for Trump’s legal team to achieve a postponement. The core issue at stake was Trump’s appeal against gag order in hush money case rejected, a legal maneuver aimed at halting proceedings while the scope of the gag order was debated.
Trump’s legal team had sought to delay the trial until a full panel of appellate judges could deliberate on modifying or lifting the gag order. This order prevents him from publicly commenting on jurors, witnesses, and other individuals connected to the hush-money case. They contended that the gag order infringes upon the presumptive Republican nominee’s First Amendment rights, especially as he campaigns for president amidst facing criminal charges.
Donald Trump on phone at LIV Golf Miami as appeal against gag order in hush money case rejected.
At an emergency hearing before the state’s mid-level appeals court, Trump lawyer Emil Bove asserted that “The First Amendment harms arising from this gag order right now are irreparable.” Bove argued against silencing Trump while his critics, including former lawyer Michael Cohen and adult film actress Stormy Daniels – both crucial prosecution witnesses – frequently criticize him. He further claimed the order unconstitutionally limits Trump’s ability to critique the case, thereby hindering his communication with the voting public and their right to hear from him. The urgency of Trump’s appeal against gag order in hush money case rejected underscored the high stakes involved for both sides.
Representing the Manhattan District Attorney’s office, appellate chief Steven Wu countered that safeguarding the trial’s integrity was of paramount “public interest.” Wu highlighted Trump’s “uncontested history of making inflammatory, denigrating” remarks about individuals involved in the case, stating, “This is not political debate. These are insults.” He further noted that prosecutors have faced challenges in securing witness testimony due to concerns about potential public backlash, mentioning witnesses related to record-keeping practices without naming them specifically.
Wu pointed out that the gag order still allows Trump considerable latitude, permitting him to comment on Judge Juan M. Merchan and District Attorney Alvin Bragg, and to engage in political discourse. Trump has indeed frequently attacked Bragg, a Democrat, and Judge Merchan. Despite Trump’s appeal against gag order in hush money case rejected, the legal parameters remain in place.
Unless further court interventions occur, jury selection is scheduled to commence on April 15th. Judge Merchan initially issued the gag order last month at the prosecution’s request and expanded it the previous week to include the families of court officials and the district attorney, after Trump targeted the judge’s daughter, a Democratic political consultant, on social media with what the court deemed false statements.
Donald Trump and Melania Trump at GOP fundraiser as legal challenges mount, including failed gag order appeal.
Prior to Tuesday’s rejection of Trump’s appeal against gag order in hush money case rejected, Associate Justice Lizbeth González had also denied a request from Trump’s lawyers on Monday to postpone the trial while he seeks to relocate the case from Manhattan, a heavily Democratic borough. Trump’s legal team framed their appeal against the gag order as a lawsuit against Judge Merchan, utilizing a New York state law, Article 78, which permits lawsuits against judges to challenge certain decisions. This legal tactic is not new for Trump, having previously employed it to unsuccessfully attempt to delay his New York civil fraud trial last fall, and again concerning a gag order in that case that restricted public comments from trial participants about court staff after Trump criticized the judge’s principal law clerk on social media.
Initially, a single appeals judge lifted the civil trial gag order, but an appellate panel reinstated it two weeks later. The hush-money criminal case against Trump centers on allegations that he falsified company records to conceal the nature of payments to Michael Cohen. These payments were reportedly made to bury negative stories during his 2016 presidential campaign, including a $130,000 payment to Stormy Daniels to suppress her claims of a past sexual encounter with Trump.
Trump has pleaded not guilty to 34 felony counts of falsifying business records and denied the alleged sexual encounter with Daniels. His defense argues that payments to Cohen were legitimate legal expenses. Throughout the proceedings, Trump has made numerous attempts to delay the trial. Following Judge Merchan’s rejection of various delay requests last week, Trump renewed his call for the judge to recuse himself, citing bias and conflict of interest due to Judge Merchan’s daughter’s employment as president of Authentic Campaigns, a firm with Democratic clients including President Joe Biden. Trump’s lawyers argued the expanded gag order protected the Merchan family “from legitimate public criticism.”
Boxes of records at Mar-a-Lago, illustrating Donald Trump’s broader legal challenges beyond the rejected gag order appeal in hush money case.
Judge Merchan had initially resisted imposing a gag order. At Trump’s arraignment in April 2023, he cautioned Trump against statements inciting violence or jeopardizing safety but did not impose a gag order. He acknowledged Trump’s “special” status and the need for him to speak in his candidacy. However, as the trial neared, Judge Merchan grew increasingly concerned about Trump’s rhetoric disrupting the proceedings. In issuing the gag order, he emphasized that ensuring the trial’s integrity superseded First Amendment concerns.
Trump reacted on social media, calling the gag order “illegal, un-American, unConstitutional,” accusing Judge Merchan of attempting to deprive him of his First Amendment rights and alleging “Weaponization of Law Enforcement” by Democratic rivals. He also suggested, without evidence, that Judge Merchan’s decisions were influenced by his daughter’s professional interests and falsely claimed she posted a social media image of Trump behind bars. Following this outburst, Judge Merchan expanded the gag order on April 1st to include statements about his and District Attorney Bragg’s families. Trump responded on Truth Social, questioning, “They can talk about me but I can’t talk about them???” Despite Trump’s appeal against gag order in hush money case rejected, these restrictions remain in place as jury selection looms.
