Judge 'appeared skeptical' of Trump's latest attempt to delay his hush money trial

Donald Trump (Photo by Mandel Ngan for AFP)

Donald Trump and his lawyers appeared in a New York appeals court this Wednesday to bring their third legal challenge to his upcoming criminal trial over a hush money payment to adult film star Stormy Daniels.

Trump’s attorneys invoked a provision of New York law known as Article 78, which allows litigants to seek relief from what they allege to be unlawful state or local government actions, NBC News reported.

The documents were filed under seal, but according to MSNBC legal analyst Adam Klasfeld, the challenge is related to "immunity and other issues."

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"By the DA's count, that's more than 10 attempts to adjourn his trial," Klasfeld wrote in a post to X.

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Also at issue for Trump and his lawyers is the alleged conflict from Judge Juan Merchan, who they want removed from the case, pointing to his daughter's employment at a political firm that raised money for President Joe Biden's 2020 campaign.

According to NBC News, Trump filed a separate Article 78 petition on Monday with the Appellate Division seeking to stop the trial because, according to Trump, he can't get a fair trial in Manhattan; that request was already denied. On Tuesday, a separate judge denied Trump's request to delay the trial on while he appeals the "unconstitutional" gag order Merchan leveled against him.

Merchan has previously said that Trump's claim of presidential immunity does not apply to the hush money case because he failed to make the claim within a certain timeframe.

"This Court finds that Defendant had myriad opportunities to raise the claim of presidential immunity well before March 7, 2024," Merchan wrote earlier this month.

Jury selection for the trial is scheduled to begin this Monday, according to news reports.

Law360's Frank G. Runyeon reported that the judge appeared "skeptical" of Trump's bid.

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