Former US President Donald Trump attends the Ultimate Fighting Championship in Miami, Florida in March
Former US President Donald Trump AFP

A state appeals court judge on Monday dismissed Donald Trump's request for an urgent postponement of his upcoming criminal trial in New York.

Justice Lizbeth González of the state's Appellate Division made the decision after listening to arguments from the ex-president's legal team, who contended that the trial should be paused due to the difficulty in selecting an unbiased jury amid pervasive pretrial publicity.

González declined the request without elaborating, issuing a concise ruling late Monday afternoon.

Earlier on the same day, Trump's legal representatives submitted the petition to the state appellate court, just a week before the start of his trial.

Trump's legal team also revealed their intention to file a petition challenging the gag order issued by Judge Juan Merchan, which prohibits Trump from publicly discussing witnesses, court staff, and members of the district attorney's office involved in the forthcoming trial. But, this matter was not argued during Monday's proceedings.

During the appeals court session, Trump's lawyer, Emil Bove, revisited a survey and media analysis previously mentioned in the ex-president's motion presented to Judge Merchan, advocating for a trial delay due to pretrial publicity. Merchan has yet to make a ruling on this motion.

Bove said the hush money case stands alone in terms of pretrial publicity in New York County (Manhattan).

Trump's attorney argued that, according to their research, fair jury selection in the county would be unattainable next week.

González's ruling only affects Trump's plea for a postponement and does not impact the motion for a change of venue.

Steven Wu, Chief of Appeals at the Manhattan District Attorney's Office, said Trump's legal team's timing for filing this petition, so close to the trial's start, was inappropriate.

He suggested that the proper procedure would be for Trump to renew the request for a change of venue if it becomes evident during the jury selection process that seating an impartial jury from New York County is unfeasible.

Meanwhile, Judge Merchan has granted approval for a questionnaire to be used in jury selection, along with instructions for potential jurors in the upcoming trial.

In a letter issued on Monday, Merchan sent attorneys involved in the case with a jury questionnaire comprising 42 numbered inquiries covering various subjects. The questionnaire does not ask about party affiliation, political donations, or voting history.

Merchan countered a claim made by Trump's legal team, saying that potential jurors' political leanings and their personal opinions about Trump are not crucial for jury selection.