Trump Tries to STOP TRIAL with Emergency Motion
TLDRDonald Trump's legal team has filed an emergency motion to delay the trial, marking the 12th attempt and fourth in the last week and a half, all of which have been rejected. The motion claims that a fair jury cannot be selected in Manhattan due to significant bias against Trump. However, the argument is disputed as the recent jury selection process concluded with a balanced group of 12 jurors, including Democrats, Republicans, and Independents. Trump's previous trials in New York resulted in fair outcomes, contradicting his claim of an inability to receive a fair trial in the city. The motion, seen as a last-ditch effort, is expected to be denied, as it lacks both timeliness and good faith, considering the defense's active participation in the jury selection process and acceptance of the jury panel.
Takeaways
- 📜 Donald Trump has filed his 12th attempt to delay the case, which is now with the Appellate Division, First Department.
- 🚫 Trump's previous attempts to delay the trial have been rejected, and this latest motion is seen as a continuation of those efforts.
- 🏛️ The basis of the emergency motion is the claim that a fair jury cannot be selected in Manhattan due to significant bias against Trump.
- 🔍 Despite Trump's claims, a jury has been selected after a thorough process, including background checks and social media reviews.
- 👥 The final jury consists of a mix of Democrats, Republicans, and Independents, indicating a balanced group.
- 📉 Trump's argument of not being able to get a fair trial in New York is contradicted by past cases where he had fair trials and favorable outcomes.
- 🚫 The application for a stay of the proceedings is considered to be filed in bad faith and is not based on a timely motion.
- 📝 The application is brief and claims that the jury panel in New York County is biased against Trump, which is disputed by the facts of the selection process.
- 🎓 Some jurors have expressed pro-Trump sentiments, indicating that the jury is not uniformly against him.
- ⏱️ The Appellate Division is expected to reject the motion quickly, as it has done with similar attempts in the past.
- 👩⚖️ The legal team for Trump has accepted the jury, used their challenges, and is expected to proceed with the trial as scheduled.
Q & A
What is the current status of Donald Trump's attempts to delay the trial?
-Donald Trump has filed his 12th attempt to delay the case, which is now with the Appellate Division, First Department. This is the fourth attempt in the last week and a half, and all previous attempts have been rejected.
Why does Donald Trump argue he cannot get a fair trial in Manhattan?
-Donald Trump claims that due to his own bad publicity, which he himself has generated, he cannot pick a fair jury in Manhattan. He has filed a motion to change the venue, arguing significant bias against him in the jury pool.
How was the jury selection process conducted for the Trump trial?
-The jury selection process started with 500 potential jurors, which were narrowed down to 12 through a series of steps. Both sides worked on background checks and social media checks for potential jurors, and the judge conducted interviews to ensure fairness and impartiality.
What is the composition of the final jury that was selected?
-The final jury is a well-balanced group, mainly of Democrats with a few Republicans and some Independents. It includes two lawyers, two people in financial services, and is composed of seven men and five women, all of whom are college-educated.
What is the legal basis for Donald Trump's emergency motion for a stay?
-The legal basis for the emergency motion is Criminal Procedure Law (CPL) 230.30, which allows for a timely motion for removal of an action or change of venue upon showing good cause. Trump's team argues that a fair and impartial jury cannot be selected in New York County.
What has been the outcome of previous legal cases involving Donald Trump in New York?
-Donald Trump has had fair trials in New York in the past. Two years ago, two of his companies were criminally prosecuted by the Manhattan DA, resulting in convictions on all counts of criminal tax evasion and business record fraud. Additionally, Trump himself was tried in two recent federal cases in New York and was able to get fair trials from the same jury pool.
What does Donald Trump's legal team request in their emergency application?
-Trump's legal team requests a 30-day stay of the proceedings to allow them to move for the removal of the trial to another jurisdiction outside of Manhattan.
What is the likelihood of the emergency application being granted?
-The likelihood of the emergency application being granted is low. It has been filed late in the process, after the jury selection has been completed, and similar arguments have already been rejected by an appellate division judge.
What are the implications of the defense team's acceptance of the jury?
-The defense team's acceptance of the jury could be seen as a waiver of their argument that a fair and impartial jury could not be selected in New York. They participated in the selection process, used their challenges, and will have the jury sworn in on Monday.
What is the next step in the trial process?
-The next step is the opening statements, which are scheduled to begin on Monday. Following that, the prosecution will call its first witness to start the trial.
What challenges do the defense team face in preparing for the trial?
-The defense team faces challenges in not knowing which of Donald Trump's past behaviors will be allowed to be used against him in cross-examination. They also do not know who the first couple of witnesses will be, which requires them to prepare for multiple potential scenarios.
Outlines
📰 Trump's 12th Attempt to Delay Trial
In this paragraph, Michael Popac discusses Donald Trump's ongoing efforts to delay the start of his trial, which is set to begin with opening statements on Monday. Trump has filed his twelfth attempt to delay the case, claiming an inability to select a fair jury in Manhattan. The application has been submitted to the Appellate Division First Department, which oversees Judge Maran. Despite previous rejections, Trump's new grounds are essentially old arguments repackaged. Popac highlights the thorough jury selection process, which resulted in a balanced group of jurors representing various political affiliations. He also mentions Trump's previous fair trials in New York, contradicting the claim that a fair trial is unattainable in Manhattan.
🚫 Trump's Motion for a Fair Jury in New York
Popac continues by addressing the specifics of Trump's motion for an order directing the indictment to be removed from New York, pursuant to the criminal procedure law. He outlines the process for requesting an emergency duty judge to grant relief, but criticizes the motion as being filed in bad faith and at an improper time, considering the trial's long duration and the completion of the jury selection process. The lawyers for Trump have accepted the jury, used their challenges, and participated in the selection process, which Popac argues indicates a waiver of their argument. The grounds for the motion, claiming an inability to select a fair and impartial jury in New York County, are dismissed as ridiculous by Popac, who emphasizes the importance of a fair and impartial jury rather than one that favors a particular party.
⏳ Preparations for Trump's Trial and Potential Testimony
In the final paragraph, Popac focuses on the preparations for the trial from both the prosecution and defense perspectives. He notes that the former bad behavior of Trump that will be allowed in cross-examination is yet to be determined by the judge. The defense team has not committed to having Trump testify and may not know the prosecution's first witnesses, requiring them to prepare for various possibilities. Popac expects the trial to proceed as planned, with the prosecution and defense delivering their opening statements and the prosecution calling its first witness. He also mentions the ongoing commentary and updates that will be provided on the Legal AF network and invites viewers to join their YouTube channel and Patreon for exclusive content.
Mindmap
Keywords
💡Trump trial
💡Emergency Motion
💡Jury Selection
💡Appellate Division
💡Fair and Impartial Jury
💡Criminal Procedure Law
💡Change of Venue
💡Peremptory Challenges
💡Voir Dire
💡Good Faith
💡Opening Statements
Highlights
Donald Trump has filed his 12th attempt to delay the case and stay the case, with the Appellate Division First Department.
Despite previous rejections, Trump's new grounds for requesting a stay are based on old grounds, claiming an inability to pick a fair jury in Manhattan.
The jury selection process concluded with a fair and impartial jury consisting of Democrats, Republicans, and Independents.
Trump's team argues that significant bias against President Trump in the jury pool makes it impossible to select a fair and impartial jury in New York County.
Trump's previous successful trials in New York contradict his claim of being unable to get a fair trial in the city.
The application for emergency relief under CPL 23030 is seen as not timely, given the two-year duration of the case and the completed jury selection.
Trump's lawyers accepted the jury, used their challenges, and participated in the selection process, which could be seen as a waiver of their argument.
The application argues for a 30-day stay to allow for a move to another jurisdiction, but this request is expected to be rejected due to its timing and previous denials.
The Appellate Division has not yet formed a panel or set a briefing schedule, indicating a lack of urgency regarding Trump's request.
The prosecution and defense are preparing for opening statements without knowing which of Trump's past behaviors will be admissible in court.
Trump's defense team has not committed to having him testify during the trial, leaving some uncertainty in their opening strategy.
The defense is at a disadvantage, having to prepare for multiple potential witnesses without the courtesy of knowing the prosecution's first witness.
The judge will inform both sides of the admissible evidence before the opening statements, impacting the prosecution's and defense's preparation.
The defense team's unprofessional behavior in court and Trump's public criticism of witnesses may affect the trial's dynamics.
The expectation is that the emergency application will be swiftly denied, either through a brief order or an emergency hearing.
The focus should be on the preparation for the trial, rather than the potential outcomes of the emergency application.
Michael Popac provides a deep dive into the legal concepts and implications of the Trump trial on Legal AF, offering exclusive content on Patreon.
