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NY appeals court rejects Trump’s third request to delay hush money trial

NEW YORK — For the third straight day, a New York appeals court rejected an attempt by Donald Trump’s lawyers to delay the former president’s hush money criminal trial. Barring yet another appeal, the first of Trump’s four criminal trials will start as scheduled on Monday.

In their latest salvo, Trump’s lawyers had asked the state’s mid-level appeals court to halt the case indefinitely while they fight to remove the trial judge and challenge several of his pretrial rulings, which they argue have seriously hindered the former president’s defense.

“We’re here for this stay because there are restrictions in place that cannot operate in a constitutional way in a trial environment,” Trump lawyer Emil Bove argued at an emergency hearing Wednesday held in a court basement lobby because the regular courtroom was in use.

“It’s an incredibly important trial. It’s a historic, unprecedented proceeding,” Bove said, adding: “This can only be done once and it must be done right.”

Trump’s hush-money case is the first of his four criminal indictments slated to go to trial and would be the first criminal trial ever of a former president.

Adding to a litany of complaints registered this week with the appeals court, Bove argued that trial Judge Juan Merchan “exceeded his authority” in refusing to postpone the case until the Supreme Court rules on an immunity claim Trump raised in another of his criminal cases. Trump’s lawyers argue some evidence in the hush-money case could be excluded if the Supreme Court rules in his favor.

Merchan last week declared that request untimely, ruling that Trump’s lawyers had “myriad opportunities” to raise the immunity issue before they finally did so in March, well after a deadline for pretrial motions had passed.

Steven Wu, the appellate chief for the Manhattan district attorney’s office, echoed that sentiment at Wednesday’s emergency hearing. He argued that Trump’s lawyers had months to raise immunity and other issues and should not be rewarded with a delay at the eleventh hour.

“Staying the trial at this point would be incredibly disruptive,” Wu said. “The court, the people, witnesses have made extraordinary efforts to make sure this trial can take place on Monday.”

“There’s a powerful public interest to ensure this criminal trial goes forward,” he added.

Justice Ellen Gesmer presided over the emergency hearing from an armchair, facing a hodgepodge of wooden seats, a collapsable table and a restroom.

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