Former President Donald Trump is reportedly preparing to sue Judge Juan Merchan, the New York judge overseeing his hush money trial, as part of his ongoing efforts to delay the trial, which is set to begin in just one week.
Trump’s lawsuit has not yet been made public, but court records suggest that he intends to file an appeal against Merchan on Monday. His legal team plans to file a suit with the New York Court of Appeals, seeking a delay and challenging the gag order that Merchan imposed on Trump after the former president made repeated attacks against the judge and his daughter, according to sources cited by the New York Times.
In addition, sources told the Associated Press that Trump’s lawyers are seeking to have the trial moved out of Manhattan, where they believe a jury would be more likely to include registered Democrats.
Trump had previously called for Merchan to recuse himself, arguing that the judge’s daughter works for Authentic Campaigns, Inc., a company that creates ads for Democratic Party candidates, creating a conflict of interest.
Trump is facing trial on 34 counts of falsifying business records related to reimbursements for hush money paid to adult film star Stormy Daniels in 2016 through his then-attorney, Michael Cohen. Trump was placed under a gag order in March after his repeated attacks on Merchan and his daughter, but he has defied the order, saying it would be “my great honor” to be jailed for violating it and comparing himself to Nelson Mandela.
Trump’s actions against Merchan are seen as a last-minute attempt to delay the trial, as previous efforts to push back the trial date have been rejected by Merchan, including Trump’s claim of “presidential immunity.”
Trump’s lawyers are expected to challenge Merchan’s rulings using New York’s Civil Practice Law and Rules Article 78, which allows parties to challenge a state official’s actions or decisions through a lawsuit. Trump previously used this tactic in September when he sued Judge Arthur Engoron, who presided over his civil fraud trial, and New York Attorney General Letitia James, who prosecuted him. However, a panel of five justices on the New York Court of Appeals denied the motion later that month.
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