'It's not surprising': Matt Whitaker concerned as New York Appeals Court rejects Donald Trump's plea to delay hush money trial

NEW YORK CITY, NEW YORK: Former acting Attorney General Matt Whitaker joined host Brian Kilmeade to discuss the decision taken by a New York Appeals Court to deny Donald Trump's request for delaying his hush money criminal trial on the Tuesday, April 9 episode of 'Fox & Friends'.

Kilmeade claimed that the former president asked for a delay to get a new judge and a new location, both of which were not granted to him.

NY Appeals Court denies Donald Trump's plea for stay

According to CNN, New York Associate Justice Cynthia Kern denied Trump's application for an interim stay, just minutes after hearing arguments on the matter on Tuesday, April 9.

The former president's lawyers said that they wanted a delay to challenge the gag order imposed on Trump by Judge Juan Merchan, which they argued is an unconstitutional restraint on his free speech rights while he is campaigning for president and fighting criminal charges.

While a full appeals court panel will still consider Trump’s petition, the start of the trial will not be delayed, with motions being due on Monday, April 15.

The selection of jury members is also scheduled to start on the same day. The panel will decide about the gag order itself after April 29, when submissions are due, stated the publication.

Matt Whitaker's take on the appeals court decision

"It's not surprising that New York doesn't want to give up its grasp, especially Manhattan," Whitaker told Kilmeade. "But if you look at the numbers, the president's filing included a poll of 2000 people in the New York County...What it found was 61% of those people polled think Donald Trump is guilty of these crimes," he added.

"Secondly, in 2020, New York City voted by 76% ... for Joe Biden. So obviously, getting a fair jury panel is impossible. Now all this court said is, let's try to pick a jury and see if we can get 12 people who can be fair and impartial," he continued.

"But I worry that many, because of the high profile nature of this case, are going to want to be on this case, and aren't going to be honest with the court during the jury selection. It's very concerning."