Trump Tries to STOP TRIAL with Emergency Motion
TLDRMichael Popac delivers a legal update on the Trump trial, discussing Donald Trump's 12th attempt to delay the case by filing an emergency motion for a stay, 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. Popac refutes this, highlighting the thorough jury selection process that resulted in a balanced group of jurors. He also mentions Trump's past fair trials in New York and anticipates the motion to be rejected again, as it lacks good faith and timeliness. The summary also touches on the preparation for the trial, the uncertainty of Trump testifying, and the prosecution's readiness to call its first witness.
Takeaways
- 🚨 Donald Trump has filed his 12th attempt to delay the case, which is now with the Appellate Division, First Department, marking the fourth attempt in the last week and a half.
- 🎯 Trump's new grounds for seeking a stay of the trial, claiming an inability to select a fair jury in Manhattan, contradicts the recent completion of a thorough jury selection process.
- 🔍 The jury selection involved starting with 500 potential jurors, conducting background checks, and social media reviews, ultimately resulting in a balanced group of 12 jurors.
- 📚 Trump's argument about not being able to get a fair trial in New York is considered a lie, as evidenced by previous fair trials he has experienced in the same jurisdiction.
- 🚫 The application for emergency relief under CPL 23030 is seen as not timely, given the duration of the case and the conclusion of the jury selection.
- 🤔 Trump's lawyers, having participated in the jury selection process and used their challenges, may be viewed as having waived their argument regarding an unfair jury.
- 📝 The application claims significant bias against Trump in the jury pool, a claim that is disputed given the fair and impartial nature of the selected jury.
- 👥 The jury consists of a mix of Democrats, Republicans, and Independents, including professionals and individuals from various neighborhoods in New York.
- 📉 Trump's previous attempts to argue for an inability to have a fair trial in New York have been rejected by the Appellate Division, and this latest attempt is expected to face a similar outcome.
- ⏱ The trial is set to start soon, with opening statements scheduled for Monday, and the defense is expected to prepare for various potential witnesses.
- 📢 Legal AF will continue to provide updates on the case, offering in-depth legal analysis and discussion on the implications of the trial.
Q & A
What is the current status of Donald Trump's attempts to delay his 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 New York County (Manhattan) due to significant bias against President Trump that permeates the jury pool.
How has the jury selection process been conducted so far?
-The process started with 500 potential jurors, which was narrowed down to 12 through a series of background checks, social media reviews, and interviews conducted by the judge and both sides of the case.
What was the outcome of the previous jury selection process involving Donald Trump?
-In previous cases, Donald Trump's companies were tried and convicted by a jury in New York, and Trump himself was tried in two federal cases in New York, obtaining fair trials in all instances.
What does the motion for an order directing the indictment to be removed from New York pursuant to 23.2 of the Criminal Procedure Law entail?
-The motion requests a stay of the proceedings, aiming to prevent the trial from starting with opening statements on Monday. It seeks a 30-day period to allow the applicant to move for removal to another jurisdiction outside of Manhattan.
What are the chances of the motion being granted according to the speaker?
-The speaker believes the motion will likely be rejected due to it being filed in bad faith, at a bad time, and having already been substantively rejected by a prior appellate division judge.
What is the composition of the jury that has been selected?
-The selected jury is mainly composed of Democrats with a few Republicans and Independents. It includes professionals, college-educated individuals, two lawyers, and two people in financial services, with seven men and five women.
What is the significance of the fact that Donald Trump's lawyers accepted the jury?
-The acceptance of the jury by Trump's lawyers, their participation in the selection process, and use of peremptory challenges can be seen as a waiver of the argument that they cannot get a fair trial.
What are the potential consequences if the motion is denied?
-If the motion is denied, the trial is expected to proceed as scheduled with opening statements on Monday. The prosecution and defense will need to finalize their strategies and prepare for the court proceedings.
What does the speaker suggest will be the focus of the legal teams over the weekend?
-The speaker suggests that the legal teams will be focused on preparing for opening statements and getting ready for the trial, as they do not expect the motion to delay the trial to be successful.
What is the general sentiment towards Donald Trump in Manhattan, as mentioned in the script?
-The speaker mentions that Manhattan is an overwhelmingly blue urban center in America, with 85% of Manhattan and New York City voting for Joe Biden, implying a strong Democratic-leaning sentiment.
Outlines
📢 Trump's 12th Attempt to Delay Trial
Michael Popac discusses Donald Trump's latest legal maneuver to delay his trial, which is his twelfth attempt. Despite the selection of 12 jurors and six alternates, Trump has filed an emergency application with the Appellate Division, First Department, to stay the case, arguing that he cannot get a fair trial in Manhattan. This claim is disputed, as the jury selection process was extensive and resulted in a balanced group of individuals. The application cites New York's Criminal Procedure Law 230.30, which allows for a change of venue under certain conditions. However, Popac argues that Trump's previous acceptance of the jury and participation in the selection process indicates a waiver of this argument.
📄 Application for Change of Venue Rejected?
The video script continues with a detailed look at the application for a change of venue, which is expected to be rejected due to its timing and lack of good faith. The application argues that a fair and impartial jury cannot be selected in New York County, a claim that Popac finds ridiculous, given the thorough jury selection process. The lawyers for Trump have used their peremptory challenges and participated in the selection, which Popac interprets as a waiver of their current argument. The application requests a 30-day stay to allow for a move to another jurisdiction, but Popac is skeptical that the Appellate Division will grant this request, as it has been denied on similar grounds previously.
🚨 Preparations for Trump's Trial Continue
Popac outlines the ongoing preparations for the trial, noting that both the prosecution and defense have significant work ahead. The defense team is unaware of which of Trump's past actions will be admissible during cross-examination, and the judge will inform them of his decision before the opening statements. The Trump team has not confirmed whether Trump will testify, which could impact their opening strategy. Popac also discusses the potential first witnesses and the challenges faced by the defense due to their unprofessional conduct in court and Trump's public criticism of witnesses. The video concludes with an invitation to join Legal AF for further updates and in-depth legal analysis.
Mindmap
Keywords
💡Emergency Motion
💡Jury Selection
💡Appellate Division
💡Fair and Impartial Jury
💡Criminal Procedure Law (CPL)
💡Change of Venue
💡Peremptory Challenges
💡Cause Challenges
💡Vad deer Process
💡Bias
💡MAGA
Highlights
Donald Trump has filed his 12th attempt to delay the case and stay the case.
The Appellate Division First Department is overseeing Judge Maran and has rejected Trump's previous attempts.
Trump's new grounds for an emergency relief application is the claim that he can't pick a fair jury in Manhattan.
Jury selection concluded with 12 jurors, involving a process of elimination from 500 potential jurors.
The final jury is described as a well-balanced group, mainly of Democrats with a few Republicans and Independents.
Trump's legal team has used their peremptory challenges and participated in the jury selection process.
Trump's motion for an order to remove the indictment from New York is based on the claim of significant bias against him.
Previous cases involving Trump in New York have resulted in fair trials, contradicting his current claims.
The application for a stay of proceedings is seen as not timely and in bad faith, considering the trial's imminent start.
Trump's lawyers have accepted the jury, which could be interpreted as a waiver of their argument regarding an unfair jury.
The application for a 30-day stay to allow for a move to another jurisdiction is unlikely to be granted.
The Appellate Division is expected to rule by not ruling, indicating a lack of interest in Trump's attempts to delay the trial.
The prosecution and defense teams are preparing for opening statements without knowing which past behaviors of Trump will be admissible.
Trump's team has not committed to having him testify during the trial.
The defense is at a disadvantage due to their unprofessional conduct in court and not knowing the prosecution's first witnesses.
The expectation is that the emergency application will be rejected, and the trial will proceed as scheduled.
Michael Popac provides a legal breakdown on Legal AF, discussing the importance of the jury selection process and its implications for the trial.