Trump Tries to STOP TRIAL with Emergency Motion

MeidasTouch
21 Apr 202413:40

TLDRMichael Popac, a legal analyst, discusses Donald Trump's 12th attempt to delay his trial by filing an emergency motion claiming an inability to select a fair jury in Manhattan. Despite previous rejections, Trump argues that negative publicity generated by himself hinders a fair trial in New York. The argument is disputed by Popac, who cites the recent completion of a thorough jury selection process, resulting in a balanced jury of Democrats, Republicans, and Independents. Popac also highlights that Trump has had fair trials in New York in the past. The motion, according to Popac, is likely to be rejected again, as it lacks merit and was not filed in a timely manner. The summary also touches on the preparation for the trial from both the prosecution and defense perspectives, emphasizing the uncertainty of which past actions of Trump might be admissible in court.

Takeaways

  • 📚 Donald Trump has filed his 12th attempt to delay the trial, with the latest motion being the fourth attempt in the last week and a half.
  • 🚫 Trump's motion claims that he cannot select a fair jury in Manhattan due to significant bias against him, which is disputed as false given the recent jury selection process.
  • 👥 The jury consists of a mix of Democrats, Republicans, and Independents, with a majority being college-educated professionals.
  • 🔍 Both sides participated in the jury selection process, including background checks and social media reviews, leading to a fair and impartial jury.
  • ❌ Trump's previous attempts to argue for an inability to have a fair trial in New York have been rejected, including by a full appellate court.
  • 📉 Trump's motion is seen as lacking merit, being filed in bad faith, and not timely, especially after accepting the selected jury.
  • 🚨 The motion requests a 30-day stay to allow for a move to another jurisdiction, which is unlikely to be granted given the history of similar motions.
  • 👮‍♂️ Trump's lawyers have used their peremptory challenges and participated in the jury selection, indicating acceptance of the process.
  • 🤔 The defense team for Trump does not know which of Trump's past behaviors will be admissible in court, adding to their preparation challenges.
  • 🎙️ Michael Popac, the reporter, expects the motion to be rejected quickly, either through a brief order or an emergency hearing.
  • ⏳ Time is of the essence as the trial's opening statements are imminent, and the defense needs to be prepared for the prosecution's first witnesses.

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.

  • What is the basis of the latest motion filed by Donald Trump's legal team?

    -The latest motion claims that a fair and impartial jury cannot be selected in Manhattan due to significant bias against President Trump that permeates the jury pool.

  • How was the jury selection process described in the transcript?

    -The jury selection process was thorough, starting with 500 potential jurors and narrowing down to 12 through a series of background checks, social media reviews, and interviews led by the judge.

  • What does the motion for emergency relief under CPL 23030 seek?

    -The motion seeks a stay of the trial for a designated period not to exceed 30 days to allow the applicant to move for the removal to another jurisdiction outside of Manhattan.

  • How has the composition of the selected jury been characterized?

    -The selected jury is described as a well-balanced group, mainly of Democrats with a few Republicans and some Independents, including professionals and college-educated individuals.

  • What is the legal basis for the motion for change of venue according to the transcript?

    -The legal basis for the motion is the argument that due to the extreme difficulty in procuring a jury panel and the significant bias against President Trump, a fair and impartial jury cannot be selected in New York County (Manhattan).

  • Why is the claim that Donald Trump cannot get a fair trial in New York considered a 'complete lie'?

    -The claim is considered a lie because Trump has already had fair trials in New York, including a criminal prosecution of his companies and two recent federal cases, which resulted in convictions and favorable outcomes for Trump.

  • What is the general expectation regarding the outcome of the latest motion filed by Donald Trump?

    -The expectation is that the motion will be rejected, as it is seen as filed in bad faith, not timely, and substantively similar to previous motions that have already been denied.

  • What is the significance of the fact that Trump's lawyers accepted the jury panel?

    -The acceptance of the jury panel by Trump's lawyers is significant because it can be seen as a waiver of the argument that a fair and impartial jury could not be selected, indicating they participated in good faith in the selection process.

  • What are the potential consequences if the motion for a stay is granted?

    -If the motion for a stay is granted, the trial would be postponed for a designated period, not exceeding 30 days, to allow Trump to move for removal to another jurisdiction.

  • What is the general public's perception of Donald Trump in Manhattan, as mentioned in the transcript?

    -The general public's perception in Manhattan is largely negative towards Donald Trump, with 85% of Manhattan and New York City voting for Joe Biden in the presidential election.

  • What is the next expected procedural step in the trial, according to the transcript?

    -The next expected procedural step is the opening statements, which are scheduled to begin on Monday, followed by the prosecution calling its first witness.

Outlines

00:00

📚 Trump's 12th Attempt to Delay Trial

Michael Popac discusses Donald Trump's latest attempt to delay his trial, which is the 12th overall and the fourth in the last week and a half. Trump's application for a stay, claiming an inability to select a fair jury in Manhattan, has been filed with the Appellate Division First Department. Despite previous rejections, Trump argues that negative publicity generated by himself prevents a fair trial in New York. Popac refutes this, highlighting the thorough and fair jury selection process that resulted in a balanced group of jurors representing various political affiliations. The summary also touches on the legal procedures involved in seeking a change of venue under New York's Criminal Procedure Law 230.30.

05:00

🚫 Trump's Motion for Removal Denied

Popac continues to detail the process and implications of Trump's motion for an order to remove the indictment from New York, as per the criminal procedure law. He emphasizes that the motion is filed in bad faith, given that the case has been ongoing for two years and the jury selection has been completed without any valid objections from Trump's lawyers. The summary points out that Trump's team has accepted the jury, used their challenges, and participated in the process, which could be seen as a waiver of their argument. Popac also mentions that the motion is likely to be rejected, as it has been on similar grounds by a prior appellate division judge. The expected outcome is that the trial will proceed as scheduled.

10:00

⏳ Preparations for Trump's Trial

In the final paragraph, Popac focuses on the preparations for the upcoming trial, emphasizing the uncertainty from Trump's side regarding which witnesses may testify and the potential impact on their strategy. He notes that the judge will rule on what past behaviors of Trump can be used against him before the opening statements. Popac also discusses the professional challenges faced by Trump's legal team due to their unprofessional conduct in court and Trump's public criticism of witnesses. The summary ends with an invitation to join Legal AF's platform for more in-depth analysis and discussion on the intersection of law and politics.

Mindmap

Keywords

💡Emergency Motion

An emergency motion is a legal request made to a court for immediate consideration or relief, typically due to urgent circumstances. In the context of the video, Donald Trump has filed an emergency motion to delay the trial, arguing that he cannot receive a fair trial in Manhattan. This motion is part of a series of attempts to halt or delay the legal proceedings against him.

💡Jury Selection

Jury selection is the process of choosing suitable individuals to serve on a jury, ensuring they can be fair and impartial. The video discusses how a jury was selected for Trump's trial, starting with 500 potential jurors and narrowing it down to 12, with both sides participating in background checks and interviews to ensure impartiality.

💡Appellate Division

The Appellate Division is a higher court that reviews cases from lower courts, often to determine if any legal errors were made. In this video, it is mentioned that Trump's appeal is being considered by the Appellate Division First Department, which oversees Judge Maran's court.

💡Fair and Impartial Jury

A fair and impartial jury is a group of individuals who can evaluate a case without bias, giving each side a fair trial. The video emphasizes that despite Trump's claims, a fair and impartial jury has been selected for his trial, which includes a mix of Democrats, Republicans, and Independents.

💡Criminal Procedure Law

The Criminal Procedure Law (CPL) refers to the set of rules governing the process of criminal trials and proceedings. The video specifically mentions CPL 23030, which outlines the grounds for a motion to change venue or stay a trial, as Trump's team is attempting to use.

💡Peremptory Challenges

Peremptory challenges are a part of the jury selection process where each side can remove a certain number of potential jurors without providing a reason. The video indicates that Trump's lawyers used their peremptory challenges during the selection process.

💡Cause Challenges

Cause challenges are another aspect of jury selection where a party can remove a potential juror for a specific, valid reason, such as bias or conflict of interest. The video notes that Trump's lawyers also used cause challenges during the selection process.

💡Change of Venue

A change of venue is a legal request to move a trial to a different location, often due to concerns about not receiving a fair trial in the original location. Trump has filed a motion to change the venue of his trial from Manhattan, arguing that he cannot get a fair trial there.

💡Bias

Bias refers to a preconceived opinion or preference that can prevent fair judgment. The video discusses how the Trump team argues there is significant bias against him in the Manhattan jury pool, which they claim justifies their request for a change of venue or a delay in the trial.

💡Opening Statements

Opening statements are the initial presentations made by both the prosecution and defense at the start of a trial, outlining their respective cases. The video notes that the trial is set to begin with opening statements on Monday, barring any successful legal delays.

💡Cross-Examination

Cross-examination is the process during a trial where the opposing counsel questions a witness after their direct examination. The video mentions that there is uncertainty about which past actions of Trump may be used against him during cross-examination if he decides to testify.

Highlights

Donald Trump has filed his 12th attempt to delay the case and stay the case, marking the fourth attempt in the last week and a half.

The new grounds for the motion claim that a fair jury cannot be selected in Manhattan due to significant bias against Trump.

Despite Trump's claims, the jury selection process concluded with a fair and impartial jury consisting of 12 members.

The jury is a well-balanced group, mainly of Democrats with a few Republicans and Independents, including professionals and college-educated individuals.

Trump's previous attempts for a change of venue have been rejected by the Appellate Division, First Department.

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 have accepted the jury, used their peremptory challenges, and participated in the selection process, which may be considered a waiver of the argument for bias.

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 previous denials on similar grounds.

Trump's past experiences with fair trials in New York, including convictions and civil cases, contradict his argument of an inherently biased jury pool.

The transcript details the procedural aspects of requesting an emergency duty judge to grant relief over the weekend.

The expectation is that the application will be swiftly denied, either through a brief order or an emergency hearing.

The trial preparation is ongoing, with both sides working on opening statements and anticipating which witnesses may be called.

Trump's defense team has not yet committed to having him testify, and the prosecution has not disclosed its initial witnesses.

The defense is preparing for the possibility of various former associates testifying against Trump, including Michael Cohen and Hope Hicks.

The report emphasizes the importance of the upcoming trial and the need for thorough preparation by both sides.

The author, Michael Popac, invites listeners to join Legal AF for further updates and in-depth legal analysis on the case.