Trump Tries to STOP TRIAL with Emergency Motion

In a recent legal update, Michael Popac discusses Donald Trump's 12th attempt to delay his trial, which is set to begin with opening statements on Monday. Trump's team has filed an emergency motion claiming that a fair jury cannot be selected in Manhattan due to significant bias against the former president. This motion follows a series of rejections and is seen as a continuation of previous arguments that have already been dismissed by the appellate division. The jury selection process was extensive, resulting in a balanced group of jurors from various political affiliations. Popac argues that Trump's motion is not made in good faith and is likely to be rejected again. The summary also touches on the preparation for the trial, including the uncertainty of which past actions of Trump will be admissible in court and the potential witnesses that the defense team may have to prepare for.

Takeaways

• 📚 Donald Trump has filed his 12th attempt to delay the case, with the Appellate Division, First Department, claiming he can't get a fair trial in Manhattan.
• 👥 Despite Trump's claims, a fair and impartial jury has been selected, consisting mainly of Democrats, a few Republicans, and some Independents, including professionals and college-educated individuals.
• 🚫 Trump's motion for a change of venue has been previously rejected, and the jury selection process was transparent and thorough, dismissing those who couldn't be fair and impartial.
• 🎓 The jury includes two lawyers, two people in financial services, and an equal gender split, demonstrating a balanced group.
• 🏛 The application for emergency relief under CPL 23030 has been filed, seeking a 30-day stay to move for removal to another jurisdiction.
• 📝 Trump's previous legal successes in New York, including fair trials and convictions, contradict his argument that he can't receive a fair trial in the city.
• 🤔 The defense team for Trump has accepted the jury, used their challenges, and participated in the selection process, which could be seen as waiving their argument for bias.
• 🚨 The application is considered to be filed in bad faith, poorly timed, and lacking a good faith reason, given the length of the case and the conclusion of the jury selection.
• 👮‍♂️ Trump's legal team is expected to face challenges, including preparing for cross-examination without knowing which past behaviors may be admissible.
• 🤷‍♂️ There is uncertainty on whether Trump will testify, and the defense may not reveal this in their opening statements.
• ⏱ The trial is imminent, with opening statements scheduled for Monday, leaving little time for last-minute legal maneuvers.

Q & A

What is the current status of Donald Trump's attempts to delay the trial?

Donald Trump has filed his 12th attempt to delay the case, which is now with the Appellate Division, First Department. This is his 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 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 was the jury selection process conducted?

The process started with 500 potential jurors, which was narrowed down to 12 through a series of steps. This included dismissing jurors who expressed they couldn't be fair and impartial, background checks, social media reviews, and interviews led by the judge.

What are the demographics of the selected jury?

The jury is mainly comprised of Democrats with a few Republicans and some Independents. It includes professionals, college-educated individuals, two lawyers, two people in financial services, seven men, and five women.

Why is the claim that a fair trial cannot be held in New York considered false?

The claim is considered false because Donald Trump has had fair trials in New York in the past, including a criminal prosecution of his companies and two recent federal cases, which were pulled from the same jury pool.

What is the legal basis for the motion for a stay of the proceedings?

The motion for a stay is based on Criminal Procedure Law (CPL) 230.30, which allows for a timely motion for removal of an action or for change of venue upon showing good cause.

What is the expected outcome of the latest motion filed by Donald Trump's team?

The motion is expected to be rejected due to being filed at a late stage in the proceedings, after the jury selection has been completed, and considering that similar grounds have already been rejected by an appellate judge.

What is the potential duration of the stay if the motion is granted?

The motion requests a stay for a designated period not to exceed 30 days to allow the applicant to move for removal to another jurisdiction outside of Manhattan.

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What is the significance of the fact that Donald Trump's lawyers accepted the jury?

The acceptance of the jury by Donald Trump's lawyers is significant because it can be seen as a waiver of the argument that they cannot get a fair trial, as they participated in the selection process and used their challenges.

What are the implications of the motion being filed after the jury selection process has concluded?

Filing the motion after the conclusion of the jury selection process could be viewed as not in good faith and may be seen as an attempt to delay the trial rather than a genuine belief in the inability to select a fair and impartial jury.

What is the role of the Appellate Division, First Department, in this context?

The Appellate Division, First Department, oversees Judge Maran and is the appellate court to which the motion for a stay has been submitted. It is responsible for reviewing and ruling on the motion.

What are the potential next steps 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 opening statements and prepare for the presentation of their cases.

Outlines

00:00

📢 Trump's 12th Attempt to Delay Trial

Michael Popac discusses Donald Trump's latest legal maneuver to delay the trial, which is his 12th attempt. Despite the selection of 12 jurors and six alternates, Trump has filed an application with the Appellate Division First Department, arguing that he cannot get a fair jury in Manhattan. This comes after Trump's previous motion to change venue was denied. Popac highlights that the jury selection process was thorough and fair, resulting in a balanced group of Democrats, Republicans, and Independents. The application cites Criminal Procedure Law 230.30 as the grounds for requesting a stay of the trial to allow for a possible change of venue.

05:00

🚫 Trump's Application for a Stay Rejected

Popac continues to dissect Trump's application for an emergency stay, noting that it is a rehash of previous arguments that have been rejected. He emphasizes that the application is not made in good faith, given that the case has been ongoing for two years and the jury selection has been completed. Trump's lawyers, having accepted the jury and used their challenges, are seen as having waived their right to argue for a change of venue. The application claims an inability to select a fair and impartial jury in New York County due to significant bias against Trump, a claim Popac deems ridiculous. He predicts the application will be rejected, as it has been by a prior appellate division judge.

10:00

👥 Preparations for Trump's Trial Continue

The final paragraph focuses on the preparations for the upcoming trial. Popac explains that both the prosecution and defense teams are working hard, with the defense team at a disadvantage due to their unprofessional conduct in court and Trump's public criticism of witnesses. The judge is expected to inform the parties about which aspects of Trump's past behavior can be used in cross-examination before the opening statements. The defense has not committed to having Trump testify and may adjust their opening statements over the weekend. Popac also mentions that the defense team does not yet know who the prosecution's first witnesses will be and will need to prepare for various possibilities. He concludes by inviting viewers to follow Legal AF for updates and to join their YouTube channel and Patreon for exclusive content.

Keywords

Emergency Motion

An emergency motion is a legal request made to a court to take immediate action on a matter due to its urgent nature. In the context of the video, Donald Trump has filed an emergency motion to delay the start of his trial, arguing that he cannot receive a fair trial in Manhattan. This is the 12th attempt and is seen as a last-ditch effort to postpone the inevitable proceedings.

Jury Selection

Jury selection is the process of choosing suitable individuals to serve on a jury for a trial. It involves vetting potential jurors for impartiality and eligibility. In the video, it is mentioned that the selection has concluded with 12 jurors and six alternates being chosen, indicating that the process was thorough and aimed to ensure a fair and impartial jury.

Appellate Division

The appellate division is a higher court that reviews the decisions of lower courts. In this case, the Appellate Division First Department is mentioned as overseeing Judge Maran and is the body to which Trump has appealed in his attempt to stay the trial. The appellate division's role is critical as it can affirm, modify, or reverse decisions made by the lower court.

Fair and Impartial Jury

A fair and impartial jury refers to a group of individuals who are capable of judging a case without bias or prejudice. The video emphasizes that the selected jurors represent a balanced cross-section of society, including Democrats, Republicans, and Independents, and are expected to judge the case based solely on the evidence presented.

Criminal Procedure Law

The Criminal Procedure Law (CPL) is a statutory framework that governs the process of criminal trials in the state of New York. Section 230.30, specifically mentioned in the video, pertains to the grounds and procedures for seeking a change of venue or a stay in a criminal case, which Trump's legal team is invoking in their emergency motion.

Peremptory Challenges

Peremptory challenges are a part of the jury selection process where attorneys can remove a certain number of prospective jurors without providing a reason. This is a strategic tool used by both the prosecution and defense to shape the composition of the jury. The video indicates that Trump's lawyers used their peremptory challenges during the selection process.

Cause Challenges

Cause challenges are another aspect of jury selection where attorneys can remove potential jurors for specific reasons, such as bias or a conflict of interest. The video mentions that Trump's lawyers brought up cause challenges, which were then considered by the judge during the selection process.

Change of Venue

A change of venue is a request to move a trial to a different location, often due to concerns about an inability to receive a fair trial in the original location. Trump has previously filed a motion for a change of venue, arguing that the negative publicity surrounding him in New York would prevent a fair trial.

Good Faith

Good faith refers to the honest intention to achieve a goal without engaging in deception or violating moral or legal standards. The video suggests that Trump's legal team's repeated attempts to delay the trial are not made in good faith, as they have already accepted the jury and participated in the selection process.

Opening Statements

Opening statements are the initial presentations made by the attorneys for both sides at the start of a trial. They outline the case they will present and are a crucial part of setting the stage for the trial. The video discusses the impending opening statements, which are expected to occur shortly after the conclusion of the jury selection.

Cross-Examination

Cross-examination is the process during a trial where attorneys question witnesses called by the opposing side. It is a critical phase of the trial used to test the credibility and reliability of witness testimony. The video mentions that there is uncertainty about which past behaviors of Trump may be used against him during cross-examination.

Highlights

Donald Trump has filed his 12th attempt to delay the case and stay the case with the Appellate Division First Department.

This is the fourth attempt in the last week and a half to delay the trial.

Trump's application claims that he can't pick a fair jury in Manhattan due to bad publicity.

The claim of not being able to get a fair trial in New York is disputed as a 'complete lie'.

Jury selection involved starting with 500 potential jurors and narrowing down to 12.

Both sides participated in background checks and social media reviews of potential jurors.

The final jury is described as a well-balanced group with a mix of political affiliations.

Trump's previous successful trials in New York contradict his claim of an unfair trial environment.

The application for a stay of proceedings is based on the argument that a fair and impartial jury cannot be selected in New York County.

The application is seen as not timely, not in good faith, and likely to be rejected.

Trump's lawyers have accepted the jury, used their challenges, and participated in the selection process.

The defense argues that the difficulty in procuring a jury panel indicates significant bias against Trump.

The defense's argument is criticized as 'ridiculous' given the fair and impartial nature of the selected jury.

Trump's team is seeking a 30-day stay to allow for a move to another jurisdiction.

The likelihood of the application being granted is considered low due to prior rejections on similar grounds.

The upcoming trial's opening statements are scheduled for Monday, with the prosecution and defense preparing their cases.

The defense is not yet aware which of Trump's past behaviors will be admissible in court.

The defense is preparing for the possibility of Trump testifying, although it is not confirmed.