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A New York appeals court judge has rejected a third legal attempt by Donald Trump’s attorneys to delay the impending criminal trial of the former president. Associate Justice Ellen Gesmer of the Appellate Division of the Supreme Court of New York denied Trump’s latest challenge, following similar rejections by state appeals court judges on Monday and Tuesday.
The court docket for the Appellate Division revealed that Trump’s attorneys filed the challenge as a lawsuit invoking a provision of New York law known as Article 78. This legal maneuver allows litigants to seek relief from allegedly unlawful state or local government action. Trump’s filings were submitted under seal.
During an emergency hearing on Wednesday, Trump’s attorney Emil Bove presented several arguments for a stay, including objections to what he termed as “unacceptable and unconstitutional restrictions” imposed by Judge Juan Merchan, particularly in a partial gag order issued last month. Bove also contested Merchan’s rejection of Trump’s bid to invoke presidential immunity as part of his defense, alleging that the judge exceeded his authority.
Furthermore, Bove suggested that Judge Merchan’s impartiality might be compromised due to the political activities of the judge’s daughter. He asserted that Merchan should recuse himself from the case to avoid any appearance of conflict.
In response, prosecutor Lisa Evans argued against delaying the trial, emphasizing the potential disruption it could cause. She refuted Bove’s claims of judicial bias and asserted that there was no evidence indicating that Judge Merchan would benefit from the trial.
Steven Wu, another prosecutor for the Manhattan district attorney’s office, dismissed Bove’s arguments as “completely meritless” and cautioned against postponing the trial, citing potential conflicts with Trump’s legal proceedings elsewhere.
This latest legal development follows Trump’s separate Article 78 petition filed earlier in the week, in which he sought to halt the trial on grounds of alleged unfairness in Manhattan. Both that petition and a subsequent request to delay the trial were denied by separate judges.
Trump, who has pleaded not guilty, faces charges related to the falsification of business records concerning hush money payments made during the 2016 presidential campaign.
