The defense team for former President Trump is contesting the jury selection in his criminal hush money trial, claiming that there are serious flaws that must be addressed.
On Friday, Trump’s defense team filed a pre-trial petition with the court, outlining two concerns about jury selection. The letter came on the same day that Judge Juan Merchan dismissed the Trump team’s last-ditch attempt to postpone the trial, which begins Monday.
According to the letter, the defense is opposed to removing potential jurors who “self-identify as being unable to serve,” calling it inadequate. Instead, the defense has stated that they want to utilize a hybrid strategy to distinguish between jurors who claim they cannot be fair and impartial and those who are legitimately unable to serve.
“That clarity is necessary so that President Trump can present arguments to the First Department, if and when necessary, regarding the number of potential jurors who believed they harbored a disqualifying bias before questioning, as well as the number of additional potential jurors who reveal a disqualifying bias during questioning,” the letter went on to say.
The defense also alleges that the jury questionnaire helps the DA’s office by identifying those affiliated with Trump’s political party.
“Second, while we agree that whether a potential juror ‘likes or does not like’ President Trump is not the central focus of jury selection, it is well established that a potential juror’s ‘negative opinion’ is a form of ‘actual bias'” the letter goes on to say.
Trump’s defense said that the questionnaire lacked a comparable broad query to discover potential jurors who agree with rival political parties that are not necessarily “anti-Trump,” but may nonetheless support a disqualifying prejudice that warrants further investigation by the defense.
“The Court’s questionnaire inquires about ties to any other political entity associated with Mr. Trump, which is a rather plain question about Republican Party affiliation. However, Question 29. E-H only inquire about ‘anti-Trump’ groups. People can hold political or policy beliefs that result in disqualifying bias without being ‘anti-Trump.’ Thus, the questionnaire helps DANY by identifying those who support President Trump’s political party,” the letter said.
“To the extent the Court fails to remedy this asymmetry in the questionnaire, defense counsel must be permitted leeway to probe such affiliations during the jury selection process,” the letter went on to say.
Trump’s trial, which is due to begin on Monday, is on allegations that he manipulated business documents to conceal a payment to adult film star Stormy Daniels during the 2016 election.
“I am testifying. I tell the truth. “All I can do is tell the truth,” Trump said during a press conference at Mar-a-Lago on Friday. “And the truth is, that there’s no case.”
When asked if he expected to testify in his future trial, Trump described it as a “scam” and a “witch hunt”.
“What they have accomplished is fantastic. It’s election interference, and it ought to stop. It is a third-world country. “This country has never done it,” the previous president stated.
Trump’s trial comes as he prepares, to fight President Biden for another term in the White House later this year. Hunter Biden, the president’s son, is facing his own legal issues, including federal tax and weapons allegations.