Former President Donald Trump will reportedly sue New York Supreme Court Justice Juan Merchan in an appeals court to challenge his sweeping gag order.
Merchan, who is presiding over the New York criminal case, imposed a gag order on Trump after news surfaced about a connection between Merchan’s daughter and conspiracy theorist Rep. Adam Schiff (D-CA).
Trump believes Merchan should recuse himself, citing a conflict of interest regarding his daughter’s position at a Democrat consulting firm that supported President Biden’s 2020 campaign.
The suit could postpone Manhattan District Attorney Alvin Bragg’s (D) case against Trump, the New York Times reported:
The lawsuit was not immediately made public, but court records showed on Monday that Mr. Trump was filing an action against the judge, Juan M. Merchan, in an 11th-hour bid to delay the case. An online court docket where Mr. Trump is filing the action showed that the related paperwork was sealed.
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And the appeals court might act fast to reject it. A single appeals court judge will most likely issue a preliminary ruling on Monday, setting up a full five-judge panel to consider Mr. Trump’s request in the coming days.
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Mr. Trump’s lawyers have tried several times to delay the trial, but this is their first attempt in an appeals court. The former president, who is again the presumptive Republican presidential nominee, is aiming to push all four of his criminal cases past Election Day. If he wins, the cases are likely to grind to a halt.
The gag order, as Breitbart News’ Nick Gilbertson reported, prevents Trump from making public comments about witnesses participation in the trial, counsel other than Manhattan District Attorney Alvin Bragg (D), “members of the court’s staff and the District Attorney’s staff, or … the family members of any counsel or staff member, if those statements are made with the intent to materially interfere with … counsel’s or staff’s work” on the case.