US Judge Denies Trump’s Third Attempt This Week to Delay Hush-Money Trial

The case is due to be tried on Monday in the first ever criminal trial of a former US president, The Guardian reported.

Trump’s lawyers argued in a short emergency hearing in Manhattan late on Wednesday afternoon that the trial should be put off indefinitely while they fight to remove the judge presiding in the case, Juan Merchan, and challenge several of his rulings.

Justice Ellen Gesmer’s ruling is another loss for Trump, who has tried repeatedly to get the trial postponed. The decision means the first of Trump’s four criminal trials will start as scheduled with the selection of the jury beginning on April 15.

Trump denies charges that he falsified business records to hide the true nature of payments made in connection with a scheme to suppress damaging stories about him during his successful 2016 presidential campaign.

His lawyers argued that, as the presumptive Republican nominee for president, Trump should be out on the campaign trail rather than “in a courtroom defending himself” while the 2024 election ramps up, with Joe Biden seeking re-election for the Democrats.

“We’re here for this stay because there are restrictions in place that cannot operate in a constitutional way in a trial environment,” Trump lawyer Emil Bove argued at a hearing hastily held in a court basement lobby because the regular courtroom was in use.

“It’s an incredibly important trial. It’s a historic, unprecedented proceeding,” Bove said, adding: “This can only be done once and it must be done right.”

Adding to a litany of complaints registered this week with the appeals court, Bove argued that Merchan “exceeded his authority” in refusing to postpone the case until the US supreme court rules on an immunity claim Trump raised in another of his criminal cases. Trump’s lawyers argue some evidence in the hush-money case could be excluded if the Supreme Court rules in his favor.

Merchan last week declared that request untimely, ruling that Trump’s lawyers asked too late in the process.

Steven Wu, the appellate chief in the office of the Manhattan district attorney, Alvin Bragg, echoed that, arguing on Wednesday that Trump’s lawyers had months to raise immunity and other issues and should not be rewarded with a delay at the 11th hour.

 “Staying the trial at this point would be incredibly disruptive,” Wu said. “The court, the people, witnesses have made extraordinary efforts to make sure this trial can take place on Monday.”

“There’s a powerful public interest to ensure this criminal trial goes forward,” he added.

The Supreme Court will hear arguments in the immunity fight later this month.

Gesmer presided over the emergency hearing from an armchair, facing a hodgepodge of wooden seats, a collapsable table and a restroom. She ruled moments after the hearing wrapped up.

Paperwork related to Trump’s latest appeal was sealed.

Trump is accused of falsifying business records. He has denied having a sexual encounter with Daniels. His lawyers argue the payments to Cohen were legitimate legal expenses.

Trump already struck out twice this week with the appeals court. One appeals court judge on Monday rejected his bid to delay the trial while he seeks to move it out of Manhattan. A different judge on Tuesday denied a request, framed as part of a lawsuit against Merchan, that the trial be delayed while Trump fights a gag order imposed on him in recent weeks.