A New York appeals court has denied a second attempt by former US President Donald Trump to delay his upcoming criminal trial for falsifying business records. The trial, related to alleged ‘hush money’ payments made during the 2016 presidential election, is set to commence on April 15.
Trump’s bid to postpone the trial was tied to his efforts to overturn a gag order imposed by the presiding Judge, Juan Merchan. In her Tuesday order, Associate Justice Cynthia Kern denied both the motion to overturn the gag order and to delay the trial. This order essentially bars Trump from attacking “reasonably foreseeable witnesses,” lawyers involved in the case, the court staff and their families.
In response to Trump’s request for a delay, Judge Kern released a terse order denying Trump’s Article 78 motion. The gag order, the object of Trump’s motion, recently saw Judge Merchan extend its scope to cover family members of Manhattan District Attorney Alvin Bragg, who is leading the case against Trump.
As a result of Kern’s decision, a full panel will now listen to Trump’s appeal request, which involves five appeals court judges. However, given the looming start date of the trial, it is improbable the appeal process will be concluded in time. Kern’s ruling follows another appeals court judge’s rejection of a separate attempt by Trump to delay the trial, this time on different grounds. Trump had requested a postponement until his appeal to move the case outside Manhattan was resolved. His legal team maintains that New York poses a bias against him and, as such, he cannot expect a fair trial there.
A selected panel of New Yorkers, whose identities will be kept anonymous, will form the jury. In the court documents that presents jury questions and guidelines, potential jurors are asked whether they hold any bias for or against Trump.
Trump has pleaded not guilty to the 34 counts of “falsifying business records in the first degree” pending before Judge Merchan. The charges revolve around alleged payments made by former Trump attorney, Michael Cohen, to adult film actress Stormy Daniels, to confine potentially harmful information from the voting public during the 2016 election. If the trial proceeds as scheduled, it would be the first out of four criminal trials pending against the ex-president to proceed.