A New York appeals court judge on Tuesday rejected Donald J. Trump’s latest attempt to delay his criminal case in Manhattan, another blow to the former president’s increasingly desperate attempts to prevent the trial from starting next week.
The appeals court judge, Cynthia S. Kern, denied Mr. Trump’s bid to pause the case while he pursues legal action against the judge presiding over the trial. Mr. Trump brought the action against the trial judge, Juan M. Merchan, in hopes that the appeals court would both delay the criminal case and throw out a gag order that Justice Merchan imposed on him.
At a brief hearing on Tuesday, the Manhattan district attorney’s office, which brought the charges against Mr. Trump accusing him of covering up a sex scandal, argued that the gag order should stand. The order prevents Mr. Trump from attacking witnesses, prosecutors and the judge’s family — as he so often does.
Mr. Trump’s invective “causes predictable terrifying consequences,” said Steven Wu, a lawyer for the district attorney’s office, adding that there was “no basis” to delay the trial while the court scrutinizes the gag order.
Although Justice Kern ruled against Mr. Trump, he can now have his request heard by a full panel of five appellate court judges. It would be nearly impossible for the court to act before the trial begins Monday, when Mr. Trump will become the first former U.S. president to face criminal prosecution.
The ruling from Justice Kern, coming a day after the appeals court rejected another effort by Mr. Trump to delay the trial and move it out of Manhattan, provides the clearest sign yet that the trial will begin as planned.
