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Trump loses third attempt to delay next week's hush-money trial

Former President Donald Trump speaks from the hallway outside a New York City courtroom where he attended a hearing March 25, in his criminal case on charges stemming from hush money paid to porn star Stormy Daniels. Pool Photo by Spencer Platt/UPI
Former President Donald Trump speaks from the hallway outside a New York City courtroom where he attended a hearing March 25, in his criminal case on charges stemming from hush money paid to porn star Stormy Daniels. Pool Photo by Spencer Platt/UPI | License Photo

April 10 (UPI) -- A New York appellate judge has denied former President Donald Trump's third attempt this week to delay his hush-money trial, which is scheduled to start Monday.

Justice Ellen Gesmer of the Appellate Division First Department denied the request for a stay in less than 30 minutes Wednesday.

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Trump had asked the New York appeals court for emergency relief to delay the criminal trial so he could appeal a lower court's ruling on presidential immunity and to have Judge Juan Merchan recused from the case due to the "unacceptable appearance of impropriety."

At Wednesday's hearing, Trump attorney Emil Bove argued there were three issues that go to the "core, fundamental fairness" of the trial, which include recusal, restriction on filing defense motions and presidential immunity.

"This can only be done once, and it must be done right because of the impact it will have on this election," Bove said. "There are questions about the judge. There are questions about our ability to file motions."

"Justice Merchan has a mandatory obligation to recuse himself," Bove argued, saying there was an "unacceptable appearance of impropriety," because Merchan's daughter had worked for a Democratic political consulting firm.

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"There is absolutely no evidence to show that Judge Merchan will stand to benefit from the outcome of this trial," countered Merchan attorney Lisa Evans of the Office Court Administration.

"There is a powerful public interest to ensure this trial moves forward on the scheduled date," Manhattan District Attorney's Office Chief of Appeals Steven Wu said Wednesday.

Trump has pleaded not guilty to 34 felony counts related to carrying out multiple hush-money schemes in 2016 to hide an affair he had with adult film actress Stormy Daniels.

Trump, who is running for president as the Republican nominee, has argued that putting him on trial before November's general election amounts to election interference.

Earlier this week, Trump's lawyers asked the appeals court to delay the trial to challenge a gag order, which was denied.

Merchan issued the gag order to block Trump from making threats against witnesses, prosecutors and others involved in the trial. Last week, he expanded the order to include threats against members of his family and the family of Manhattan District Attorney Alvin Bragg, after Trump attacked Merchan and his daughter on social media.

Trump's legal team also argued that the trial cannot take place in New York because of pretrial publicity. Justice Lizbeth González denied their request for a delay, so they could pursue a motion for venue change out of heavily Democratic Manhattan.

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