A New York appeals court judge on Wednesday rejected a third attempt in three days by Donald Trump’s lawyers to delay the former president’s pending criminal trial.
Associate Justice Ellen Gesmer of the Appellate Division of the New York Supreme Court rejected Trump’s claims. the third legal challenge A pair of state judges challenged the trial to delay the trial He rejected similar attempts by Trump To suspend the trial in silence, which is set to begin April 15 with jury selection on Monday and Tuesday.
Court documents from the state Appellate Division showed that Trump’s lawyers filed the challenge as a claim based on a provision known as Article 78 of the New York law. Section 78 invocations allow litigants, whether in ongoing litigation or otherwise, to apply for relief from the illegality or from the court. local government activities. The documents were submitted under seal.
Trump’s lawyer, Emil Bove During Wednesday’s emergency hearing, he presented a bag of arguments for the stay, including Trump reiterating his position that the proceedings would be halted while objecting to what Bove said. “Unacceptable and unconstitutional restrictions” issued by Judge Juan Mercan partial congestion order it was like that last month expanded days later.
Bove also argued that Mercha’s ruling last week rejected his use proposal. presidential immunity as part of his defense, which found the former president had waited too long to bring up the issue, overstepped his authority.
“We have a right to raise that defense,” Bove said, complaining that another order by the judge ordering Trump to seek permission to file the motions was unfair.
Bove also suggested that Mercha was “operating under a false guise”. political work By a judge’s daughter on behalf of Authentic Campaigns, a political firm working with President Joe Biden’s 2020 campaign.
Lisa Evans, a prosecutor at the Manhattan district attorney’s office, pushed back, arguing that delaying the trial would “cause great disruption” and that there was no reason to do so.
“There is no evidence that Judge Mercha will benefit from the trial,” Evans said.
Steven Wu, another prosecutor in the DA’s office, called Bove’s arguments “completely without merit” and suggested that delaying the trial could conflict with Trump’s legal proceedings elsewhere.
The trial began shortly after 4:00 PM ET.
On Monday, Trump filed a separate Article 78 petition with the Appellate Division, seeking to halt the proceedings. cannot be judged fairly In Manhattan. A judge denied that request on Monday, and a separate judge on Tuesday denied a request to postpone the trial while Mercha appealed a gag order he called “unconstitutional.”
The trial is scheduled to begin on Monday. Trump has pleaded not guilty to falsifying business records related to hush money payments made during the 2016 presidential campaign.
Adam Klasfeld contributed.