The ruling came less than 24 hours after another appeals court judge denied Trump's attempt to halt the trial while he seeks a change of venue.
https://www.nbcnews.com/politics/donald-trump/appeals-court-judge-rejects-trumps-effort-delay-hush-money-trial-appea-rcna147026A New York appeals court judge Tuesday denied Donald Trump's bid to halt his hush money trial while he appeals a gag order, a ruling that came less than 24 hours after another judge rejected the former president's request to delay his impending criminal trial on other grounds.
Tuesday's ruling came roughly one hour after Trump attorney Emil Bove argued that his client is entitled to a stay of the proceedings while he challenges the "unconstitutional" partial gag order Judge Juan Merchan handed down against Trump last month and expanded days later.
Bove contended the gag order — which prohibits Trump from bashing witnesses, individual prosecutors, court staff and their relatives, the judge's relatives, and jurors and potential jurors — means his client can't comment on publicly filed motions and that it violates the former president's Sixth and First Amendment rights.
His court filing contended the order is causing "ongoing, irreparable harm to Petitioner and the voting public."
"He is the leading candidate in a presidential election and this record does not support the gag order," Bove told Justice Cynthia Kern.
Steven Wu of the Manhattan district attorney's office, which brought the case against Trump, told the judge that there's no basis for a stay and that Bove was misrepresenting the gag order.
