Trump rejects restriction on filing motions in New York secret money case

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By journalsofus.com


Judge Merchan asked Trump’s lawyers to seek permission before filing motions.

Lawyers for former President Donald Trump are pushing back against a recent restriction on appearances at his New York hush money case and asked the court to unseal some of the case records, according to two motions released Tuesday.

Trump’s lawyers also asked Judge Juan Merchán to annul a March 8 order requiring the parties to obtain permission from the courtsending one-page letters to the court before filing new motions in the case before trial.

“Nowhere in the CPL has the New York legislature authorized a trial court to prevent a criminal defendant from filing a motion, or to limit the relevant points and authorities in support of a criminal defendant’s motion to a single page,” defense attorney Todd Blanche said in filling.

Merchan’s order requiring Trump’s lawyers to obtain permission before filing motions was issued as Trump’s lawyers filed a motion for discovery sanctions based on newly released documents in the case. To allow defense attorneys to review more than 100,000 pages of records recently produced by federal prosecutors, Merchan granted a 30-day continuance of the proceedings and is scheduled to hear arguments on the motion on Monday.

“Mr. Blanche, it appears that you misunderstood this Court’s prior order,” Merchan told Blanche via email on March 8 when he filed the motion for discovery sanctions, according to an exhibit attached to the filing.

“To be very clear, so that there is no confusion, your motion is not accepted at this time and you cannot file a motion unless and until this Court expressly authorizes you to do so,” Merchan said.

Trump’s lawyers also asked to disclose all “pleadings, orders and written communications involving the Court and the parties” and allow public access to the filings in the future. Because of the sensitivity of the case, Trump’s lawyers were previously required to go through a redaction process before filing documents publicly.

“These rights of public access to criminal proceedings serve critical interests in advancing the fair administration of justice, promoting public confidence in the judiciary, allowing public scrutiny of matters of great public concern, and upholding the fundamental rights of the accused. “, the presentation of his lawyers said.

Trump has pleaded not guilty to a 34-count indictment accusing him of falsifying business records in connection with a hush payment his then-attorney Michael Cohen made to adult film actress Stormy Daniels just days before the 2016 presidential election.

His criminal trial in New York has been delayed until at least mid-April.

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