President-elect Donald Trump’s lawyers claimed his Manhattan criminal trial was tainted by “grave juror misconduct” in a letter to the court made public Tuesday—though the specific allegations are still redacted—part of the president-elect’s broader effort to get the verdict against him thrown out.
Former President Donald Trump makes remarks outside the courtroom as jurors begin deliberating at ... [+]
Trump attorneys Todd Blanche and Emil Bove wrote to Judge Juan Merchan on Dec. 3 claiming there is “evidence of grave juror misconduct” that “illustrates the manifest unfairness” of the legal case against Trump and should result in the guilty verdict getting thrown out.
Trump’s lawyers asked that the allegations be considered as a factor in Merchan’s broader deliberations over whether to throw out the verdict.
None of the details of the misconduct allegations have been made public, as Trump’s lawyers released the letters Tuesday at the court’s request with details of the claims redacted.
If Trump brings a formal motion asking Merchan to throw out the verdict based on the alleged misconduct, there would be a hearing to determine whether Trump’s allegations are credible, and Merchan has suggested the redactions could be made public at that point.
For now, Merchan noted in a letter on Monday—before Blanche and Bove’s letter was made public—that he can’t decide whether the “contested” allegations are credible or not just based on the lawyers’ letter alone, which is based on “mere hearsay and conjecture.”
The Manhattan District Attorney’s office, which brought the case against Trump, objected to the filings alleging juror misconduct being made public, but their full letters responding to the claims have not yet been released.
Merchan first referenced the Trump team’s allegations in an order Monday as he also rejected one of Trump’s motions to dismiss the case, directing both sides to make their court filings about the dispute public with redactions—as Trump’s lawyers did Tuesday. The judge cast doubt on the allegations and expressed concerns about making them public, noting the Trump lawyers’ letter claiming misconduct “consists entirely of unsworn allegations.” If the allegations were released now without redactions, it “would only serve to undermine the integrity of these proceedings while simultaneously placing the safety of the jurors at grave risk,” Merchan argued. While Trump making a formal motion to dismiss the verdict based on the allegations would mean there would be a “thorough investigation” into whether or not they’re credible, Merchan ruled he “cannot allow the public filing of unsworn, and admittedly contested statements.”
Trump’s lawyers have said Trump will not bring a formal request to throw out the verdict over the alleged juror misconduct, so unless he does, it may never be clear what misconduct he allegedly believes took place. While Merchan ruled Monday not to dismiss Trump’s verdict because of the Supreme Court’s ruling giving the ex-president some immunity, Merchan still has yet to rule on a separate Trump request to throw out the verdict, which argues it should be dismissed because of his presidential election. It’s also still unclear when and if Trump will be sentenced should the verdict stand, given his impending presidency. Prosecutors have argued the sentencing could wait until he leaves office in 2029, or the court could handle the case like when defendants die before they’re sentenced, in which the case would end without any sentence being entered. Trump’s lawyers have opposed those proposals and said prosecutors’ suggestions are “unhinged,” arguing the only option is fully throwing out the verdict. .
Jurors found Trump guilty on 34 counts of falsifying business records following a weeks-long trial, as Trump was charged based on payments he made reimbursing ex-attorney Michael Cohen for a hush money payment to adult film star Stormy Daniels. Prosecutors successfully argued Trump’s reimbursement checks were falsely labeled as being for legal services. Trump had a gag order in place that prevented him from speaking about jurors during the trial as he suggested beforehand they would be biased against him, though the gag order was partially lifted following the trial. (Trump can now speak about jurors and trial witnesses, but still cannot speak about court staff, prosecutors and their families.) Trump’s claims about alleged juror misconduct come as part of a broader effort by his attorneys to have the verdict thrown out, along with their claims that the verdict violates the Supreme Court’s immunity ruling and should be thrown out due to Trump’s election. Merchan threw out Trump’s immunity argument on Monday, ruling that evidence used in the case did not relate to Trump’s official duties in office and thus were allowed to be used at trial. The case is now one of the only criminal cases against Trump that remains ongoing—as his two federal cases were thrown out in the wake of his election. Merchan deferred to Trump by indefinitely postponing the president-elect’s sentencing, however, after previously postponing it until after the election in order to avoid any appearance of partisan bias.