Former President Donald Trump plans to sue the judge overseeing his New York criminal case, Juan Merchan, in an appeals court to challenge Merchan’s gag order.
Trump believes Merchan should recuse himself due to his daughter’s position at a Democratic consulting firm that supported Biden’s 2020 campaign.
The lawsuit could delay Manhattan District Attorney Alvin Bragg’s case against Trump.
An appeals court judge will likely issue a preliminary ruling Monday on Trump’s request, with a full panel to consider it in coming days.
Trump’s lawyers have tried delaying the trial previously but this is their first attempt in an appeals court.
Trump aims to push all his criminal cases past the 2024 election.
The gag order prevents Trump from publicly commenting on witnesses, counsel, court staff, prosecutors’ staff or their family members in a way to interfere with the case, as well as prospective jurors.
