On Monday, the Trump campaign also filed an appeal against New York State Supreme Court Justice Juan Marchan over the limited gag order he issued ahead of the trial, according to court records and defense arguments.
Legal arguments regarding the gag order are scheduled to be heard by an emergency appeal judge on Tuesday.
In an emergency hearing late Monday afternoon, Appellate Judge Lizbeth Gonzalez heard arguments from Trump attorney Emil Bove about a recent survey of Manhattan residents commissioned by the defense. The lawyer said 61% of those surveyed said they believed Trump was guilty in the hush money scandal.
Bove asked that the trial be adjourned.
“What we’re saying is we’re not going to have a fair jury selection process in this county next week,” Bove said.
Stephen Wu, a lawyer in Manhattan District Attorney Alvin Bragg’s office, argues that it is possible to select an impartial jury even among people who have preconceived notions about the case, as long as they are able to assess the facts fairly. did.
Mr. Wu also said Mr. Trump sought so much media coverage that the defense contends confused the jury pool.
“The defendant is approaching this argument with dirty hands, because most of the publicity is his own,” Wu said.
In a trial scheduled to begin on April 15, Trump faces 34 counts of falsifying business records related to a $130,000 payment he made to adult film actress Stormy Daniels ahead of the 2016 election. There is. The payment was allegedly intended to keep her quiet about what she said was a sexual encounter with Trump years earlier.
Prosecutors said Trump’s payments to former lawyer Michael Cohen, who made the payments to Daniels, were illegally documented as legal fees, even though they were made to support Trump’s campaign. claims to have been made. Mr. Trump has maintained his innocence.
The court documents were not immediately made public Monday, but a person familiar with the case spoke on condition of anonymity to describe a series of filings centered on Merchan’s limited gag order protecting those involved in the lawsuit and their families. said.
Trump, the likely Republican presidential nominee, has publicly criticized people, including Marchand’s adult daughter, on the campaign trail and on social media. A judge issued a limited gag order on March 26, barring President Trump from speaking publicly about various parties to the case, including court officials, witnesses, some prosecutors and their families.
The order did not prohibit comments about Bragg, Marchan or their relatives, but concerns were raised after Trump continued to discuss Marchand’s daughter on social media.
On April 1, Marchan expanded the order to include protections for Bragg’s family and his own family, saying Trump’s “pattern of attacking the families of lead jurists and the lawyers who handle his cases is a legitimate goal.” “We have not fulfilled our goals,” he said.
“It simply instills fear in those assigned or called to participate in the proceedings that not only they, but also their families, are ‘fair competitors.'” [Trump’s] Vitriolic,” Machan’s order said.
The judge also warned that Trump’s actions could lead to a ruling barring access to juror names. The names of the jurors will be disclosed to the parties, but not publicly.
Two days after expanding the order, President Trump posted an article by a conservative blogger discussing the judge and his daughter, who runs a political marketing and fundraising firm that serves Democratic candidates, including President Biden and Vice President Harris. .
Mr. Trump and his allies argue that the judge cannot be impartial because of his close ties to someone whose job is to support Democratic campaigns.
In August, defense attorneys asked Marchan to recuse himself from the case, citing his daughter’s work and two small donations that the judge said were believed to have been made to Biden’s campaign and progressive groups. Lost the claim. Marchan donated $15 to Biden in 2020 and twice donated $10 to Democratic organizations.
Mr. Trump has also been indicted in three other jurisdictions, with charges pending in each.
In Washington, D.C., Trump is charged with trying to interfere with the election before the January 6 riot. In Georgia, he is accused in a state-level lawsuit of trying to overturn the 2020 election results. He is also facing a federal lawsuit in Florida for violating the Espionage Act by illegally retaining classified government documents after he left office. There he faces additional charges of obstructing government recovery efforts.
He has pleaded not guilty to all 88 charges he faces.
