Prosecutors have countered that the claims outlined in a defense filing made public on Tuesday are “unsworn, unsupported” hearsay, dismissing them as a desperate attempt to erode public trust in the case.
In a letter addressed to Manhattan Judge Juan M. Merchan, Trump’s attorneys stated they possess “evidence of grave juror misconduct during the trial,” although specific details of these allegations were redacted and kept confidential.
The defense’s letter, dated December 3, was filed with the court on Tuesday, accompanied by two partially redacted responses from the Manhattan District Attorney’s Office regarding the hush money case, dated December 5 and 9.
“Partisan political motivations tainted nearly every aspect of this Witch Hunt, including the jury deliberations,” Trump spokesperson Steven Cheung stated. He accused District Attorney Alvin Bragg and Judge Merchan of allowing their personal political biases to influence the proceedings and criticized them for not investigating what he described as serious misconduct.
Cheung urged those aware of relevant information to come forward and called for the immediate dismissal of the case, stating, “It is clear that there is more information that should come to light regarding misconduct.”
This development arises as Judge Merchan deliberates on a pending defense request to dismiss the case, coinciding with Trump’s anticipated return to the White House.
In their written responses, prosecutors contended that Trump’s lawyers were trying to cloud the verdict by raising their claims in a letter rather than filing a formal motion to dismiss. They also questioned the defense’s reluctance to allow Judge Merchan to conduct a court hearing to investigate the allegations of juror misconduct more thoroughly.
Trump’s attorneys, Todd Blanche and Emil Bove, argued that conducting such a hearing would involve “extensive, time-consuming, and invasive fact finding” that could disrupt the president-elect’s transition into office. Prosecutors countered that by opposing a hearing, the defense was attempting to pressure Merchan into accepting their untested, unsworn allegations as fact.
In a separate letter on Monday, Merchan indicated that he ordered the redactions to protect the integrity of the case and ensure the safety of the jurors, whose identities remain confidential. Three of the seven pages of the defense letter were completely blacked out.
Merchan noted that the letter from Trump’s lawyers “consists entirely of unsworn allegations,” emphasizing that allowing these claims to be made public without redaction would undermine the integrity of the proceedings and jeopardize the safety of the jurors.
“Allegations of juror misconduct should be thoroughly investigated,” Merchan wrote. “However, this Court is prohibited from deciding such claims based on mere hearsay and conjecture.”
Trump has been actively trying to overturn his May 30 conviction on 34 counts of falsifying business records, related to a $130,000 hush money payment made to **** actress Stormy Daniels to suppress her claim of a past affair, which he denies. This payment occurred shortly before the 2016 election.
On Monday, Merchan denied Trump’s request to dismiss the case on grounds of presidential immunity, ruling that a U.S. Supreme Court decision from July 1 granting the former president broad protections from prosecution did not warrant dismissing the case.
Trump’s claim of immunity is just one of several strategies his lawyers have employed to seek dismissal of the conviction. After Trump’s election victory last month, Merchan postponed his late November sentencing indefinitely, allowing both sides to propose their next steps. Trump’s legal team argued that any action other than immediate dismissal would undermine the peaceful transfer of power and create unconstitutional disruptions to the presidency.
Prosecutors, aiming to uphold the verdict, proposed several alternatives, including freezing the case until Trump’s term ends in 2029, agreeing that any future sentence would not involve jail time, or handling the case similarly to instances where a defendant dies.
In the latter scenario, drawn from practices used in some jurisdictions, the case would be closed with the notation that Trump was convicted but not sentenced and that his appeal remained unresolved due to his assumption of office. Trump’s lawyers dismissed this idea as “absurd” and opposed the other suggestions.
As a Republican, Trump is set to take office on January 20. He is notable for being the first former president to be convicted of a felony and the first convicted criminal to be elected to the office.
