A New York appeals court judge decided to consider a gag order against former President Donald Trump in his hush money case but rejected his motion to delay the trial while the decision on his gag order appeal is made.

Trump’s lawyers had asked for the trial to be delayed until the full Appellate Division First Department can decide whether to lift the gag order Judge Juan Merchan placed on him, banning him from making public statements about witnesses, jurors and others connected to the case.

Judge Cynthia Kern had shut down the request for a stay of the entire proceeding, asking how the gag order is different from the one upheld in the former president’s federal election interference case.

The full panel of appellate court judges could rule on Trump’s challenge of the gag order as soon as Monday, when the trial is set to begin.

Trump lawyer Emil Bove is arguing that the gag order is an unconstitutional infringement on the GOP presumptive nominee’s First Amendment rights amid his campaign for president while he faces his multiple legal cases.

Bove argued that it is not right for Trump to be forced into silence while key prosecution witnesses, including his former lawyer Michael Cohen and Stormy Daniels, routinely attack him. According to her, it is important that Trump speaks to the voting public and airs his criticisms of the case.

Bove also said that the gag order prevents Trump from calling for a recent motion to recuse Judge Merchan based on his daughter’s position.

Merchan, who issued the gag order on Trump last month, expanded it last week after Trump made comments on Truth Social about his daughter, Loren.

In the post, Trump said that Loren, an executive at a progressive political consulting company that works for Democratic clients, including President Joe Biden, “represents Crooked Joe Biden, Kamala Harris, Adam ‘Shifty’ Schiff, and other Radical Liberals” and “posted a picture of me behind bars.”

According to him, Loren’s political stance and job as a Democrat operative “makes it completely impossible for me to get a fair trial.”

In an apparent response to the post, Merchan barred Trump from making public statements about his family or that of Manhattan District Attorney Alvin Bragg.

In addition to the gag order appeal, the appeals court will also consider a venue change in the case, as Trump’s lawyers argued that potential jurors could have been poisoned by negative prejudicial publicity in the case.