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8 months ago
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A New York appeals court judge rejected the latest in a string of last-ditch appeals by lawyers for Donald Trump to try to delay his Stormy Daniels case.
Trump's lawyers have been filing a series of motions seeking to delay the trial, which is set for jury selection in Manhattan on Monday.
Filings have called on Judge Juan Merchan to recuse himself, blasted a gag order as 'unconstitutional restrictions,' and claimed presidential immunity.
On Wednesday, a judge denied their effort to pause the case while they challenge Judge Merchan and protest his rulings.
Justice Ellen Gesmer ruled against him for the third time in as many days Wednesday.
'The one in New York is totally discredited,' Donald Trump told reporters as he arrived in Atlanta, Georgia, for a fundraiser. 'Every legal scholars said they have no case'
'We´re here for this stay because there are restrictions in place that cannot operate in a constitutional way in a trial environment,' said Trump lawyer Emil Bove at an emergency hearing.
'It's an incredibly important trial. It's a historic, unprecedented proceeding,' he said. 'This can only be done once and it must be done right.'
He tried to persuade the court that Merchan 'exceeded his authority' and that critical evidence could be excluded.
Steven Wu, an attorney for Manhattan DA Alvin Bragg's office, argued that the delays would harm the state.
'Staying the trial at this point would be incredibly disruptive,' he said. 'The court, the people, witnesses have made extraordinary efforts to make sure this trial can take place on Monday.'
It comes in a case that could feature blockbuster testimony by porn star Stormy Daniels and former Trump fixer Michael Cohen.
Lawyers for Donald Trump launched a last-ditch effort Wednesday to delay the start of his hush money trial on Monday, filing yet another appeal.
It marks the latest round in a blitz to stop the first of four criminal trials starting next week.
Twice this week, New York appeals courts have rejected other attempts to postpone the case.
The latest filing is a petition against Judge Juan Merchan, challenging his decision not to recuse himself from the case as well as his refusal to hear arguments about presidential immunity, according to ABC News.
The former president is due to appear in new York court on Monday when jury selection will begin in his business fraud trial.
Trump is due in New York court on Monday for the start of his trial. He pleaded not guilty to 34 counts related to falsifying business records in connection with a $130,000 payment to adult film star Stormy Daniels during the 2016 election campaign
Trump, 77, has pleaded not guilty to 34 counts related to falsifying business records in connection with a $130,000 payment to adult film star Stormy Daniels during the 2016 election campaign.
It may be the only one of his four cases that will be completed before November's presidential election, and his lawyers have stepped up efforts in recent weeks to throw it off track.
Arriving in Atlanta, Georgia, Trump repeated his claim that he was the victim of a weaponized legal system.
'The one in New York is totally discredited,' he told reporters. 'Every legal scholars said they have no case.
'It's a horrible thing. But it's election interference. It's all run by the White House.'
There was no immediate indication Wednesday when the latest petition would be heard.
It revolves around questions of presidential immunity. Merchan has previously said Trump failed to raise the claim in time.
'This court finds that defendant had myriad opportunities to raise the claim of presidential immunity well before March 7, 2024,' he wrote earlier this month.
Judge Juan Merchan last week denied Trump's motion that he was entitled to presidential immunity, writing he had 'myriad opportunities' to raise the issue earlier
Legal scholars have said that the New York case may be one of the weaker ones facing Trump.
Yet a new poll found that a sizeable majority of voters see them as serious.
Almost two thirds of registered voters described the charges as at least 'somewhat serious,' compared to 34% who said the charges lacked seriousness in Reuters/Ipsos poll.
Trump faces a busy legal timetable even as the clock ticks down to Election Day.
Also on Wednesday, former Trump Organization Chief Financial Officer Allen Weisselberg was sentenced to five months in prison after admitting to perjury charges for lying to investigators and a judge about Trump's finances.
It will be his second stint behind bars after spending three months at New York's Rikers Island jail last year for his part in a 15-year tax fraud.
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