(NewsInsights.org) – Attorneys for former President Donald Trump are preparing for his first criminal proceeding, the New York hush money trial, at a frantic pace. Part of their preparations included filing a motion with the State Appellate Division seeking an emergency delay of the criminal trial, slated to begin April 15. On Monday, April 8, Appellate Division Associate Justice Lizbeth González handed down her one-sentence decision refusing Trump’s request to stay the trial until after the Appellate court has heard and ruled on other motions.
González heard arguments from the prosecution and defense teams earlier Monday, the same day defense attorneys filed the eleventh-hour motion. They used a unique legal mechanism, known as Article 78, that allows litigants to challenge a court’s actions on an emergent basis even before a trial has begun by suing the presiding judge.
Defense counsel asked the judge for a stay while they argued separate motions they filed on Monday. Trump’s lawyers appealed regarding Judge Juan Merchan’s gag order, preventing litigants from discussing the case or commenting on court officers or their families. The defense team also requested a change of venue because they don’t believe their client can receive a fair and impartial trial in Manhattan or New York County.
Prosecutors argued the defense timed the ploy as a delay tactic, waiting until just a week before the trial’s start before filing motions. Attorneys for the New York District Attorney’s office claimed the outcome of the defense motions would not affect the trial and recommended against a stay.
In December, another Trump legal team unsuccessfully attempted a similar appellate strategy in Judge Arthur Engoron’s court during the State of New York’s civil case against the former president for overstating property values. The Appellate Court chastised Trump’s legal team for unnecessarily resorting to Article 78 when they had other methods available.
González handed down her decision roughly two hours after hearing arguments. Her ruling preceded a Tuesday decision from a colleague, Appellate Court Associate Justice Cynthia Kern, who also ruled against staying the trial while an Appellate panel hears defense arguments on Monday, April 15, on whether to lift Judge Merchan’s gag order or change the trial’s venue.
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