On Tuesday, a judge from the New York appeals court granted permission for the full Appellate Division First Department to review and potentially relax a broad gag order imposed on former President Donald Trump. There is a possibility that the appellate court may choose to postpone the criminal trial while it deliberates on Trump’s appeal against the gag order.
Trump filed a lawsuit against New York Supreme Court Justice Juan Merchan in the appeals court on Monday, challenging the extensive restrictions imposed by the judge. Merchan, who is overseeing the criminal case in New York, implemented the gag order after it was revealed that his daughter had a connection with conspiracy theorist Rep. Adam Schiff (D-CA).
The gag order, as previously reported by Nick Gilbertson of Breitbart News, prohibits Trump from publicly commenting on witnesses involved in the trial, any counsel other than Manhattan District Attorney Alvin Bragg (D), court and district attorney staff members, as well as the family members of any counsel or staff member, if such statements are intended to significantly disrupt the work of the counsel or staff on the case. It also includes potential jurors.
CBS News reported:
“Trump’s defense lawyer Emil Bove argued Tuesday morning that the gag order creates an “irreparable harm” because the former president can’t respond to attacks from expected trial witnesses Michael Cohen and Stormy Daniels, and it prevents him from criticizing one of the prosecutors in the case and speaking in support of a recent motion to recuse the judge based on the conduct of his daughter.
“Judge Cynthia Kern responded to Trump’s request for a stay of the entire proceeding with skepticism, asking how the gag order is any different from a similar order that was upheld in Trump’s federal election interference case.
…
“Steven Wu, a lawyer for the Manhattan District Attorney, pushed back on the request for a stay, telling the court about Trump’s “uncontested history” of denigrating remarks – including calling witnesses “losers,” “horse face,” and “deranged psychopaths.”’
Trump and the prosecution are required to submit written arguments to the court no later than April 29. Additionally, a decision regarding the location of the case in Manhattan, which is believed to favor the prosecution, will be made separately. Written arguments for this decision must be filed by April 22. Moving forward, jury selection for the trial is set for April 15 in New York City.