December 23, 2024

Former U.S. President Donald Trump speaks to reporters with attorney Todd Branch as jurors are released to begin deliberations in his criminal trial in Manhattan Criminal Court, New York, Wednesday, May 29, 2024.

Jabeen Botsford | Reuters

Donald Trump’s lawyers told a New York judge that the president-elect’s hush-money criminal trial was marred by “serious juror misconduct” and his guilty verdict should be thrown out.

Attorneys Todd Blanche and Emil Bove told Judge Juan Merchan in a letter dated Dec. 3 and made public Tuesday, “ The jury in this case was anything but fair and impartial.

Prosecutors from the Manhattan District Attorney’s Office responded at the time that the charges “appear to be inaccurate” and noted that Trump’s lawyers opposed a hearing to conduct a “full review” of the charges.

The seven-page letter written by Branch and Bove has been heavily edited. The visible portion of the letter provides few details or evidence to support the allegations of misconduct.

The letter was disclosed a day after Manhattan Supreme Court Justice Silk rejected Trump’s request to dismiss the hush-money conviction on the grounds of presidential immunity.

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The judge did not rule on other arguments made by the Trump team in an attempt to dismiss the case. Even if Merchant rejects the remaining challenges, it is unclear when Trump, who took office on January 20, will be sentenced.

In Monday night’s ruling, Merchant addressed Branch’s allegations of juror misconduct, saying they “should be investigated thoroughly” — but only as part of sworn testimony.

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“This court is prohibited from deciding such a claim based solely on hearsay and speculation,” Merchian wrote.

“This court cannot permit the public filing of unsworn and admittedly contested statements unless and until a properly filed claim is filed…,” the judge wrote.

“Doing so would threaten juror safety and violate the agreed Juror Disclosure Order.”

Neither Branch nor the DA’s office immediately responded to CNBC’s request for additional comment.

In late May, a jury found Trump guilty of 34 counts of falsifying business records related to a scheme before the 2016 presidential election to prevent porn star Stormy Daniels from discussing An alleged one-night stand with Trump many years ago. Trump has denied having a sexual relationship with Daniels and claimed that Daniels was the victim of political prosecution and biased judges.

In November, Merchant postponed Trump’s sentencing date indefinitely because his lawyers needed time to argue that the case should be dismissed in light of Trump’s election victory.

Trump was accused last month of Blanche and Boff A top U.S. Justice Department post in the next administration.

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