- Trump’s lawyers allege there was juror “misconduct” at his NY hush-money trial.
- Details of the allegations, which Trump hopes will void his conviction, are not being released.
- Manhattan prosecutors called the allegations “unsworn, unsupported, heresay.”
One day after Donald Trump lost his 11th-hour bid to void his hush-money conviction, a juror “misconduct” battle is brewing, according to a newly-public series of court filings in the case.
The heavily-veiled dispute began with a December 3 letter in which the president-elect’s lawyers told the trial judge, New York Supreme Court Justice Juan Merchan, that “the jury in this case was not anywhere near fair and impartial.”
Nearly two-thirds of the 15 page letter is redacted to protect juror confidentiality. In the unredacted sections, defense lawyer Todd Blanche — Trump’s pick for deputy attorney general — complained to Merchan about “extensive and pervasive misconduct” that “violated President Trump’s rights under the federal Constitution and New York law.”
Details of the alleged misconduct, and even whether it concerns a single juror or more than one, are obscured by large black rectangles.
The letter demands that the supposed misconduct be considered by the judge as evidence in Trump’s yet-resolved request that the historic conviction be voided in the interest of justice.
The defense followed up their December 3 letter to the judge with two more dated December 5 and 9. Both asked that the December 3 letter be made public in redacted form, a request opposed by prosecutors with New York Attorney General Alvin Bragg.
Prosecutors responded to the misconduct allegations on December 9, arguing that the claim “consists entirely of unsworn allegations,” and is based on “hearsay and conjecture.”
As part of Monday’s 41-page denial of Trump’s most recent dismissal effort — in which the judge rejected defense presidential immunity claims — Merchan told the parties he would only consider the new juror misconduct claims if they were formalized by the defense into a motion.
Merchan, like prosecutors, noted that the defense misconduct claim “consists entirely of unsworn allegations.”
“Allegations of juror misconduct should be thoroughly investigated,” he wrote, adding, “However, this court is prohibited from deciding such claims on the basis of mere hearsay and conjecture.”
Merchan has not indicated when he might rule on Trump’s interest-of-justice dismissal claim or broach the subject of sentencing. A lawyer for Trump did not immediately respond to a request for comment on this story.
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