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The defense team for former President Trump is challenging the jury selection in his criminal hush money trial, saying there are concerning issues that need to be addressed.
Trump’s defense submitted a pretrial letter to the court Friday laying out two concerns relating to jury selection. The letter came the same day Judge Juan Merchan dismissed a last-ditch effort by the Trump team to delay the trial, which begins Monday.
The letter states that the defense opposes dismissing potential jurors who “self-identify as being unable to serve,” calling it inadequate.Instead, the defense said it wishes to use a hybrid method to differentiate between jurors who claim they cannot be fair and impartial and those who are simply 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 letter states.
‘I TELL THE TRUTH’: TRUMP SAYS HE’LL TESTIFY AT HUSH MONEY TRIAL AS JUDGE REJECTS LAST MINUTE PLEA
Former President Trump speaks during a press conference at 40 Wall Street after a pretrial hearing on March 25, 2024, in New York City. (Michael M. Santiago/Getty Images)
The defense also claims the jury questionnaire benefits the DA’s office by identifying people who affiliate with Trump’s political party.
“Second, while we agree that whether a potential juror ‘likes or does not like’ President Trump is not the central focus of jury selection, it is well established that a potential juror’s ‘negative opinion’ is a form of ‘actual bias’” the letter states.
Trump’s defense stated that the questionnaire lacks a similarly broad inquiry 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 worthy of a follow-up inquiry by the defense.
“The Court’s questionnaire asks about connections to any other political entity affiliated with Mr. Trump, which is a fairly direct inquiry regarding Republican Party affiliation. On the other hand, however, Questions 29. E-H ask only about ‘anti-Trump’ groups. People can have political or policy views that lead to disqualifying bias without being ‘anti-Trump.’ Thus, the questionnaire benefits DANY by identifying people who affiliate with President Trump’s political party,” the letter continued.
TRUMP’S NAME ‘INCORRECTLY’ USED IN LA TIMES’ OJ SIMPSON OBITUARY: ‘FREUD LIVES’
Former President Trump speaks to the media as he attends a pretrial hearing in court March 25, 2024, in New York City. (Getty Images)
“To the extent the Court fails to remedy this asymmetry in the questionnaire, defense counsel must be permitted leeway to probe such affiliations during the jury selection process.”
Trump’s trial is related to accusations he falsified business records to cover up a payment to adult film star Stormy Daniels during the 2016 election and is scheduled to begin Monday.
“I’m testifying. I tell the truth. I mean, all I can do is tell the truth,” Trump told reporters at a press conference at Mar-a-Lago Friday. “And the truth is that there’s no case.”
Trump called his trial a “scam” and a “witch hunt” when asked if he planned to testify at his upcoming trial.
“What they have done is incredible. It’s election interference, and it’s got to stop. It’s a third-world country. This country has never done it,” the former president said.
Trump’s trial comes as he prepares to challenge President Biden for another White House term later this year. Hunter Biden, the president’s son, faces legal challenges of his own, including federal tax and gun charges.
Fox News’ Elizabeth Elkind and Brooke Singman contributed to this report.
