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Jimmy Williams
A New York appeals court judge rejected Donald Trump’s third attempt to delay his upcoming criminal trial, which is set to begin on April 15. Associate Justice Ellen Gesmer denied Trump’s latest legal challenge after similar efforts were dismissed by state appeals court judges on two previous days.
Trump’s attorneys filed the challenge under seal, invoking a provision of New York law known as Article 78, which allows litigants to seek relief from allegedly unlawful state or local government actions.
During an emergency hearing, Trump’s attorney Emil Bove presented various arguments for a stay, including objections to the trial proceeding while challenging what he deemed as “unacceptable and unconstitutional restrictions” imposed by Judge Juan Merchan. Bove also criticized Merchan’s rejection of Trump’s bid to use presidential immunity as part of his defense, alleging that the judge overstepped his authority.
Bove further suggested a conflict of interest, pointing to the political work undertaken by the judge’s daughter on behalf of a firm associated with President Joe Biden’s campaign in 2020. He argued that Merchan should recuse himself from the case.
“Justice Merchan has a mandatory obligation to recuse himself,” Bove said, arguing that Merchan’s daughter’s work for a Democratic political consulting company created an “unacceptable appearance of impropriety.”
In response, prosecutors from the Manhattan district attorney’s office argued against delaying the trial, stating that it would cause significant disruption and that there was no evidence of bias on Judge Merchan’s part.
Steven Wu, a prosecutor for the DA’s office, dismissed Bove’s arguments as “completely meritless” and cautioned that delaying the trial could lead to conflicts with Trump’s legal proceedings elsewhere.
This latest denial comes after Trump’s previous attempts to halt the trial were rejected by separate judges earlier in the week. The trial is scheduled to commence on Monday, with Trump facing charges related to the falsification of business records concerning hush money payments during the 2016 presidential campaign.
