On Wednesday, a New York appeals court judge denied Donald Trump's attorneys' third request in three days to delay his criminal trial.
Trump's third legal challenge to delay the hush money trial, which begins Monday with jury selection, was denied by Associate Justice Ellen Gesmer of the Appellate Division of the Supreme Court of New York after two state appeals court judges rejected similar requests on Monday and Tuesday.
The Appellate Division docket indicated Trump's attorneys filed a case under Article 78 of New York law. Article 78 challenges empower litigants to challenge state or local government activity that they believe is illegal. The files were sealed.
In an emergency hearing Wednesday, Trump attorney Emil Bove reiterated his position that the proceedings should be paused while Trump challenges Judge Juan Merchan's “unacceptable and unconstitutional restrictions” in a partial gag order last month that was expanded days later.
Bove also claimed that Merchan's finding last week that Trump delayed too long to raise presidential immunity as part of his argument exceeded his power.
“We are entitled to raise this defense,” Bove said, adding that the judge's order to Trump to request permission to file motions was unreasonable.
Bove also claimed that Merchan has been “operating under an appearance of impropriety,” given the judge's daughter's work with Authentic Campaigns, which worked with President Joe Biden's 2020 campaign. He advised Merchan to leave the case because of the "conflict."
Manhattan district attorney Lisa Evans responded that prolonging the trial would "cause enormous disruption" and that there's no reason to do so. “No evidence suggests Judge Merchan will benefit from the trial," Evans added.
Trump filed an Article 78 petition with the Appellate Division on Monday, alleging he can't get a fair trial in Manhattan. A court dismissed his motion Monday, and another denied his bid to suspend the trial Tuesday while he appeals Merchan's gag order as "unconstitutional." Trump has denied falsifying corporate records related to 2016 presidential campaign hush money payments.
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