An appeals court judge denied former President Donald Trump's request to delay the start of his trial in New York so he can challenge the gag order imposed by Judge Juan Merchan.
New York Associate Judge Cynthia Kern denied the request for provisional suspension just minutes after hearing arguments on the matter this Tuesday (9).
A full appeals court panel will still consider Trump's petition, although it will not delay the start of the trial.
The motions must be delivered on Monday (15), the day scheduled for the start of jury selection. The panel of judges will decide whether to suspend judging after receiving the abstracts that day, and will decide on the gag order after April 29, when entries are due.
The panel will decide on the written works; there will be no oral arguments.
During Tuesday's arguments, Trump's lawyers asked the appeals court judge to halt the start of the trial so they could challenge Merchan's gag order in the New York bribery case, arguing that the former president is suffering irreparable harm from the gag order that is infringing on your First Amendment Rights.
Emil Bove, Trump's lawyer, said the former president's comments may have been rude but that neither party said they rose to the level of incitement.
Merchan implemented the pretrial gag order, which prohibited Trump from publicly commenting on witnesses, court staff and the district attorney. He expanded the gag order to cover his own family after Trump went after Merchan's daughter on social media.
Trump's lawyer argued that Michael Cohen and Stormy Daniels, two expected witnesses in the case, comment daily on the merits of the case and that the gag order unfairly prevents Trump from responding.
The gag order also prohibits Trump from commenting on his publicly filed recusal motion that concerns Merchan's daughter, Bove said.
Trump's lawyer also argued that Trump should also be able to publicly discuss prosecutor Matthew Colangelo, a former Justice Department prosecutor who Bove said is comparable to Manhattan District Attorney Alvin Bragg, who is not protected by the gag order because he is a public figure.
The district attorney's office, which requested the gag order be implemented, argued that Trump has a history of making threatening comments in his cases.
Manhattan District Attorney's Office Chief of Appeals Steven Wu said there has been a challenge getting people to testify as witnesses “because they know what having their name in the press can lead to.”
Wu argued that Trump's statements have already had an impact on the case and have a “significant deterrent effect” not only on targets, but also on those who “understand themselves to be vulnerable if they become involved in this process.”
“We are talking about the defendant’s undisputed history of making inflammatory, threatening and defamatory comments,” Wu said. “This is not a political debate,” she added.
Wu said that while Trump cannot comment on the witnesses and their direct connection to this case and the allegations, Trump is allowed to talk about his history with witnesses like Cohen.
Trump's lawyer argued that this was a limited request, but Wu responded that what Trump is seeking is much broader and does not constitute a basis for derailing the trial.
“There is no basis to suspend a criminal trial based on challenging a collateral order,” Wu said. “The criminal trial must proceed regardless of any suspension they advocate here. This is extremely important to us.”
He also argued that Trump's lawyers waited two weeks before the gag order was first imposed and now bring it in a week before the trial begins.
Documents related to the gag order are not available to the public and have been sealed.
Trump also tried this week to postpone the trial so he could argue for a change of venue, but an appeals court judge rejected the request on Monday (8).
Source: CNN Brasil
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