MANHATTAN (CN) — A New York appellate judge on Monday shot down Donald Trump’s latest effort to delay his hush-money criminal trial — a last-ditch request for a venue change out of New York County because of an “onslaught” of prejudicial media coverage that could taint a jury’s impartiality.
Trump filed the eleventh-hour appeal on Monday in an attempt to stay the proceedings pending the venue change motion. The filing was not immediately made public, but the online docket confirmed Trump's latest effort to delay the trial, slated to start next week.
On Monday afternoon, counsel met in court to discuss the claims in front of Lizbeth Gonzalez, an associate justice at New York Supreme Court Appellate Division First Judicial Department, who used her iPhone’s timer to direct the impromptu hearing.
“In terms of prejudicial pretrial publicity in this county, this case stands alone,” argued Trump attorney Emil Bove.
Bove cited a “real potential” for prejudice, based on a media study conducted by Trump’s lawyers earlier this year about the criminal case.
“Sixty-one percent of the respondents to the survey that we conducted… believe that the [former] president is guilty,” Bove said. “Eighty-eight percent have seen media about this case.”
Bove claimed that the “onslaught” of so-called prejudicial coverage against the former president should be reason enough to move the trial elsewhere in New York State. But prosecutors argued this was merely another last-minute ask from Trump to push back the already-delayed proceedings even further.
“We are here one week before the trial,” said prosecutor Steven Wu, adding that Monday is “literally the worst time to bring this application.”
Wu claimed that the voir dire process should take place before Trump’s team is able to jump to the conclusion that Manhattan jurors would lack impartiality. Additionally, Wu argued that Trump’s assumption that the press coverage of the case is inherently prejudicial is an incorrect one.
“It includes a large number of articles that are merely describing this case,” Wu said. “This is not the type of coverage that is prejudicial… The mere fact that jurors know about this case is not an indication of bias. The fact that they voted against defendant is not an indication of bias.”
Wu added that Trump has been responsible for much of the added press attention surrounding the trial.
“He has himself been responsible for stoking that publicity,” Wu said.
Judge Gonzalez agreed, issuing a ruling on paper after the hearing that denied pushing back the trial any longer.
Trump's unusual move was his latest bid to delay the criminal case, in which he's being accused of falsifying business records to cover up hush-money payments to adult film star Stormy Daniels. Manhattan prosecutors claim the scheme was part of an effort to prevent negative press during Trump's 2016 presidential run.
Counsel will be back in the same courthouse on Tuesday to discuss another last-minute filing by Trump related to the gag order issued to the former president — another apparent stall tactic with jury selection a mere week away.
Merchan slapped Trump with the gag order last month to keep him from attacking the case’s witnesses and prosecutors. Last week, it was expanded to include Merchan's family after Trump repeatedly attacked the judge's daughter on social media over her ties to a digital marketing firm that has worked with Democratic politicians.
The trial, already once delayed due to Trump's complaints about a discovery issue that the judge eventually deemed unfounded, is slated to kick off April 15.
Separately, Trump is calling on Merchan to recuse himself from the case, arguing that his daughter's career presents a conflict for the judge. Trump unsuccessfully tried a similar recusal motion last summer, which Merchan shot down. His latest effort is expected to suffer the same fate.
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