The attorneys disagree with the district attorney on how much information should be released to the public.
President-Elect Donald Trump’s attorneys have alleged evidence of “grave juror misconduct” in his falsified business records case that has been playing out in New York.
A heavily redacted letter from Dec. 3 and published by the court on Dec. 17 showed Trump’s attorneys stating that the misconduct “violated President Trump’s rights under the federal Constitution and New York law.”
The specific allegations are unclear, and recently released correspondence showed Trump’s attorneys disagreeing with Manhattan District Attorney Alvin Bragg’s office over how much information to release.
The correspondence was published by the court after the judge, New York Supreme Court Justice Juan Merchan, issued an order and letter rejecting multiple arguments the president-elect had made about immunity.
In a Dec. 16 letter, Merchan said that the court made additional redactions following redactions made by the different parties. He noted, however, that the allegations were unsworn and that unless a claim of juror misconduct was properly filed under New York law, “this Court cannot allow the public filing of unsworn, and admittedly contested statements.”
“To do so,” Merchan said, “would threaten the safety of the jurors. … Should a properly filed claim be submitted, these redactions will be revisited.”
He also indicated a hearing was needed to evaluate the claims but said that the defense opposed having a hearing. “Allegations of juror misconduct should be thoroughly investigated,” Merchan said. “However, this Court is prohibited from deciding such claims on the basis of mere hearsay and conjecture.”
Trump’s attorneys argued in their Dec. 3 letter that their client couldn’t pursue appropriate remedies until the U.S. Court of Appeals for the Second Circuit had ruled on Trump’s request to remove the case to federal court.
In a letter to Merchan on Dec. 5, Bragg’s office requested that the Dec. 3 letter and related correspondence be kept under seal. His office seemed to suggest that Trump’s attorneys had misrepresented the alleged misconduct.
By Sam Dorman
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