Lawyers for Donald Trump asked the judge overseeing the criminal hush money case to alter his plans for handling jury selection days before the historic trial is set to get underway next week.
On Monday, Judge Juan Merchan outlined how he would handle jury selection, advising that he would ask the pool of jurors whether anyone felt they couldn’t be fair or impartial or otherwise serve in the case and then excuse those who raised their hands without inquiring further. Trump’s lawyers initially asked the judge for the ability to question each of the jurors, but the judge said that is “unnecessary, time-consuming, and of no benefit.”
In a letter Friday afternoon, Trump’s attorneys said that approach is “inadequate because the plan would not create a sufficient record for the purpose of any necessary appellate review, or a venue-change motion.”
Instead, they are asking the judge to distinguish between jurors who said they can’t be fair and those who are otherwise unable to serve. “That clarity is necessary so that President Trump can present arguments to the First Department, if and when necessary, regarding the number of potential jurors who believed they harbored a disqualifying bias before questioning, as well as the number of additional potential jurors who reveal a disqualifying bias during questioning.”
The filing comes as Trump is continuing to attempt to build a case for his appeals. Earlier this week Trump’s lawyers tried to stop the trial arguing the former president can’t get a fair trial in Manhattan and have appealed seeking a venue change. Briefs are due later this month.
On Friday Trump’s lawyers also argued the jury questionnaire lacks a question to “identify potential jurors who align with rival political parties that are not necessarily ‘anti-Trump’ but could still support a disqualifying bias that is worth of follow-up inquiry by the defense.”
If the judge doesn’t amend the questions, Trump’s lawyers ask that they be allowed to ask questions to explore any affiliations.
