Trump Tries to STOP TRIAL with Emergency Motion
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
📚 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.
🚫 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.
⏳ 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
💡Jury Selection
💡Appellate Division
💡Fair and Impartial Jury
💡Criminal Procedure Law
💡Peremptory Challenges
💡Cause Challenges
💡Change of Venue
💡Bias
💡Opening Statements
💡Cross-Examination
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.