Donald Trump’s desperate attempts to delay the start of his New York criminal trial fell flat for the third time this week on Wednesday when an appeals court judge quickly tossed out the former president’s latest attempt to slow-walk his prosecution.
This time, Trump’s lawyers were arguing for a delay in the form of a request for an immediate stay, which would allow them to continue their campaign to remove Judge Juan Merchan, who Trump has tried in vain to oust multiple times.
During an emergency hearing on Wednesday, Trump attorney Emil Bove argued that Judge Merchan had “exceeded his authority” when he refused to grant Trump’s request to delay the trial until the Supreme Court ruled on his presidential immunity in a separate case.
Justice Ellen Gesmer promptly denied the former president’s request for an immediate stay in a brief, one-sentence order.
Trump’s arguments for Judge Merchan’s recusal will be considered by a panel of appellate judges later this month, but not in time to slow the start of Trump’s trial on April 15.
Trump sued Judge Merchan on Monday, the latest salvo in a day that also saw him request a stay on his expanded gag order and a change in venue, both of which were denied the following day.
In the case, Trump is accused of falsifying business records to cover up an affair he had with an adult film actress, Stormy Daniels.
Trump has tried to delay all of his four criminal trials in recent weeks as he continues to campaign for this November’s presidential election.
Those cases include a federal election interference case in D.C., as well as a similar effort in Fulton County, Georgia. Trump also faces federal charges in Florida alleging he mishandled classified documents and schemed to hide them from investigators.
None of the other cases against Trump have been given trial dates yet—meaning it’s possible the New York case will be the only one Trump faces before election day.
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