Former President Trump is doing everything he can to delay his first criminal trial, but the New York judge in charge is starting to get impatient about it.
Just this week, Judge Juan Merchan refused to stop the hush money case because of alleged discovery violations. He also gave a gag order to the former president and even warned his lawyers with criminal contempt in separate court rulings.
The tense situation was evident in the courtroom on Monday and in written filings, with the judge accusing Trump’s team multiple times of trying to bypass the court’s decisions and questioning their lack of evidence.
This has left Trump’s lawyers with fewer options to delay the trial on April 15, although they are still trying with several pending motions despite the judge’s irritation.
Merchan wrote in a ruling on Tuesday that Trump’s legal strategy aims to delay the proceedings, if possible, until after the 2024 presidential election.
On Monday, Trump went to Merchan’s courtroom hoping for a big delay or for all charges to be dropped because of thousands of pages of new documents given to the parties by federal prosecutors.
Even Manhattan District Attorney Alvin Bragg’s (D) office, which has long opposed Trump’s efforts to delay, agreed to a 30-day postponement after the unexpected turn of events.
But Merchan didn't agree to go that far.
Instead, he changed the schedule by only three weeks. In the hearing, the judge continued to criticize Trump attorney Todd Blanche for alleging that the case should be delayed further or dropped completely because of the new documents showing discovery violations.
Merchan scolded Blanche, saying, “You’re literally accusing the Manhattan DA’s office and the people involved in this case of prosecutorial misconduct and trying to make me complicit in it. And you don’t have a single cite to support that position?”
Trump didn't say much as he looked at his lawyer and the judge during the discussion. After a break, his mood visibly improved when he found out that a separate court had reduced his bond for his large civil fraud judgment, which helped him avoid having his assets taken. But just a few minutes later, Merchan dashed any hope Trump felt. As the judge announced that the hush money trial would start on April 15, the former president fidgeted in his chair and showed frustration as he left the courtroom quickly, heading to the cameras. Trump told reporters, “They’re dying to get this thing started. The judge cannot go faster. He wants to get it started so badly. And there’s tremendous corruption.”
Trump is accused in the case of 34 counts of falsifying business records related to reimbursements to his then-fixer, Michael Cohen, who had paid porn actress Stormy Daniels $130,000 shortly before the 2016 election to keep quiet about an alleged sexual encounter with Trump. Trump pleaded not guilty.
Legal experts mostly agree that the hush money case may be the only one of Trump’s indictments to go to a jury before November, as Trump has tried to delay all four of his criminal prosecutions in order to potentially end or stall them if he regains the White House.
Despite various pending motions seeking postponement, Trump’s lawyers argue that the trial should wait until the Supreme Court rules on Trump’s presidential immunity defense in another criminal case, and they have also asked for a delay due to prejudicial pretrial publicity.
Blanche wrote in the motion that a fair and impartial jury cannot be selected in the near future, so the trial date should be adjourned until the prejudicial media coverage subsides.
wrote in the motion
, which was made public Tuesday. The judge has not yet ruled on either demand, but he has been expressing increasing frustration with Trump’s lawyers’ tactics as the week has gone on.On Tuesday, Merchan
in a written ruling
accused Trump’s lawyers of trying to bypass the judge’s requirement that they seek permission before filing new motions, which the judge implemented to save time as Trump continually files last-minute delay attempts. Merchan also reminded Trump’s attorneys in the ruling that he has the power to issue punishment for criminal contempt. Merchan warned counsel that they are expected to follow the court’s orders and show respect and decorum.
As such, counsel is expected to follow this Court’s orders.
Within hours, Merchan
issued yet another ruling
against Trump: granting Bragg’s request to gag the former president’s public statements. Trump had argued that such a restriction violates his First Amendment rights, and initially the judge had said he didn’t think a gag order was necessary. However, he apparently changed his mind after Trump’s repeated attacks on those involved in his legal issues. The judge also referenced Trump’s press conference after leaving court, during which he attacked a former Biden-era DOJ official.
Trump claimed without evidence that the prosecution was being coordinated with the White House and called the official a “radical left from the DOJ.” The judge mentioned the comment, even though it was not brought to his attention in any public court filing.
The gag order now prevents Trump from making public statements about witnesses, jurors, court staff, and prosecutors other than Bragg.
Merchan wrote that the uncontested record of Trump’s previous extrajudicial statements poses a sufficient risk to the administration of justice.
Although Trump is now required to ease up on his attacks of certain individuals, the former president has continued to attack the judge and his family, who do not appear to be covered by the order.
And if things don't change, Trump
can keep doing so
every time he walks past the cameras outside the courtroom doors. “The Judge must recuse himself immediately, and correct the mistake of not doing so last year,” Trump wrote Wednesday on Truth Social
“If the Biased and Conflicted Judge is allowed to stay on this Sham ‘Case,’ it will be another sad example of our Country becoming a Banana Republic, not the America we used to know and love,” he added. “These are Election Interfering Witch Hunts. We will crush each one of these Hoaxes, and Make America Great Again!” Former President Trump is pulling out all the stops to stave off the start of his first criminal trial, but the New York judge overseeing the case is increasingly appearing to lose his patience in the matter. Judge Juan Merchan just this week refused to sideline the hush money case over alleged discovery violations, issued….
“If the Biased and Conflicted Judge is allowed to stay on this Sham ‘Case,’ it will be another sad example of our Country becoming a Banana Republic, not the America we used to know and love,” he added. “These are Election Interfering Witch Hunts. We will crush each one of these Hoaxes, and Make America Great Again!”
