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34 felony count conviction against Donald Trump and that case is still alive and we now have brand new reporting on a new order and a new letter by the judge, Judge Merchan, which indicates that Donald Trump is now alleging that there was juror misconduct, juror misconduct during his trial that led to the 34 felony count conviction and he wants the judge to get to the bottom of it. We also know from the new letter that Donald Trump also argued that the judge should not have issued his 41 page decision yesterday. I'm Michael Popak. You're on the Midas Touch Network. I'm breathless in this new hot take and let me explain to you what we just learned through the unsealing of a letter and an order in this particular matter. The 34 felony count conviction happened over the spring. Donald Trump convicted by a jury of 12 people. Donald Trump has filed not one but two different motions to dismiss that case. One has already been ruled against him on the immunity decision from the Supreme Court back in the summer that just came out Yesterday in a 41 page decision and the second one we've been waiting on, which is a motion that Donald Trump brought in which he alleged that injustice has been done or that justice requires his conviction be overturned primarily because he just got elected president. He did not raise at that time or at any other time until this moment that there was a juror misconduct issue, a jury nullification issue of any kind, or that the conviction should be overturned because of it. He has now. We now have a copy of the letter and we have the judge's order related to it, and that's the new reporting here. Let me break it down to you as a New York lawyer who practices in the courts, just like the one I'm about to talk about now, we knew that the judge was about to issue and did issue his motion denying Donald Trump's demand that the convictions be vacated, thrown out because of the Supreme Court's immunity decision. And we know that the judge, in 41 pages analyzed the Supreme Court's immunity decision found that it did not apply to an already convicted person who was convicted of crimes before he was president, and that none of the evidence that was presented to the jury violates the immunity decision. And if it did, it would be harmless error. That's a summary in about 41, 41 pages of what the judge did. Now, what we didn't know until just today, just now, is that at the same time that the, that Trump sent in a letter to the judge that had been, that had been sealed and not made public, he said to the judge, you cannot rule on the pending motion to dismiss on immunity grounds because that actual immunity decision has divested you of any jurisdiction. And oh, by the way, the, it's like an aside, like P.S. we have new evidence that there's been juror misconduct. I'm like, wait, wait, talk about burying the lead. There's jury misconduct. And what, and what is that? Well, it's hard to tell cuz the judge, when he posted the letter, and I'm gonna read to you from the order in a second, when the judge posted the letter, he redacted a lot of it, he blacked out a lot of it because he said it's based on unsworn allegations of a juror which troubles him, but he doesn't also want to subject the juror to being attacked. And to protect the juror, we're going to, we're going to redact most of it. Here's what we're able to boil away from the competing letters by Trump and by the Manhattan DA in response. The letter, which was apparently written on 3 December, but we just got a copy of it and we know there was a lot of activity on the 3rd of December because we were waiting on some decisions and apparently they claimed that a juror contacted Donald Trump's lawyers, that that juror, unsworn, meaning not under oath, not in an affidavit, not in testimony, told Donald Trump's lawyers that there was some amount of misconduct among the jury. They don't identify. We can't tell what that misconduct is in this vague allegation that's in there. There's no affidavit attached to it under sworn testimony by this juror, but that this was a pervasive misconduct, extensive and pervasive misconduct, which undermined the constitutional rights of Donald Trump to a fair trial. That's the allegation, but with no evidence to support it. And that's what the Manhattan DA says in response, which is, where's the beef? Where's the evidence? Where's the declaration? Where's the affidavit? Where's the under oath part? We can't even tell what the allegation is. Persistent misconduct. What is it? Tell us what it is and then we'll deal with it. But Donald Trump doesn't want to tell the judge what it is. So the judge has responded. And here's how the judges. Let me read to you from the new order by the judges is the way we do things in New York. You get orders, you get them last minute. And here we go. Let me read to you from this order. Let's go right to the jury misconduct. And then I'll go back to the other part about he's, he's been divested of jurisdiction. Turning next to Defendant's letter of December 3rd alleging juror misconduct, this is on page three. This court must first determine whether the letter and the subsequent submissions by Both parties on December 5 and December 9 should be sealed. Defendant argues that the letter should be filed on the public docket with certain proposed redactions. In deciding this issue, this court must balance the competing interests of the public's right to transparency of these proceedings against the very real need to protect the privacy and safety of the jurors. Indeed, the issue of juror safety is hardly in dispute, as the parties have made clear not only in their letters in December, but in subsequent filings. Taking the position of each party into consideration, the court agrees with Defendant that that the reference letters should be filed on the docket. To that end, the court accepts the proposed redactions of both parties. And now turning to the substance, the court this is about whether there was jury misconduct. Defendant states that he could file, could file a motion to vacate the verdicts pursuant to a section of criminal law in New York, but will not. Judge finds that odd. You can file, you have the grounds to file a motion to vacate your verdict, but you want to do it by letter. Further, Trump argues that while this court must take into consideration his allegations for the purposes of his prior motion. The court must not and is not authorized to pursue any claims contained therein. Indeed, counsel opposes a hearing to explore his claims. So let me get this straight. So the judge is saying you think there was juror misconduct, but you don't want me to conduct a hearing over it. And you're not going to file a motion over it. It just shows you the strength of Donald Trump's motion. Let's face it, after a night with drinks, I don't bounce back the next day like I used to. I have to make a choice. I can either have a great night or a great next day. That is, until I found Zebiotics Pre Alcohol Probiotic drink. Zebiotics Pre Alcohol Probiotic Drink is the world's first genetically engineered probiotic. 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And with their GMO technology, they will release different products that help address toxic byproducts of modern living in the gut. Go to ZBiotics.com LegalAF to learn more and get 15% off your first order. When you use Legal AF at checkout, ZBiotics is back with 100% money back guarantee. So if you're unsatisfied for any reason, they'll refund your money, no questions asked. Remember to head to zbiotics.com legalaf and use the code legalaf at checkout for 15% off. Now the judge reminds everyone that the criminal law and procedure in New York provides a mechanism whereby a defendant. This is on page four, may move to set aside a verdict on the grounds of juror misconduct. It's under a section of our law CPL section 330.302 Little A. But it has to be based on sworn allegations, meaning under oath. And the court may then decide the motion on written submissions. And if it does so, the court must conduct a hearing and do fact finding, meaning interview the juror, get to the bottom of all these things. But then the court says, but that's not what Donald Trump wants me to do. We can't. He says, the court is prohibited from deciding a claim based on hearsay and conjecture. And frankly, that's all. The letter from Donald Trump is based on hearsay and conjecture. So the court said, unless and until a properly filed claim, you give me a motion, you give it to me on sworn statements, and I will conduct a hearing and get to the bottom of it. But in the meantime, I am not going to. And reminded the court, and the court reminded the, the participants here, the Manhattan DA's office and Donald Trump, that the motion that Donald Trump himself filed, that's been fully briefed as of Dec. 13 about whether he's going to vacate on justice grounds the convictions is under review by this court. I mean, that's where we're at, folks, with this new reporting. So let me summarize it for you. Here's what we understand so that everybody gets it. The judge is saying to Donald Trump, you got a motion for jury misconduct, you got evidence of jury misconduct, put it in writing, put it under oath, bring it to my attention, file it appropriately. The other side will file their response. I'll hold a hearing. I might even bring the juror in to get some evidence from that juror. But you're not going to do it with hearsay and innuendo. And in fact, the letter that you're asking me to look at this issue, you're telling me you don't want a hearing, and you're also telling me I'm divested of my jurisdiction to decide the issue I just decided, which I don't find persuasive. And I'm going to remind you, I got one more motion ready to go. Now, in another reporting that we just did, Donald Trump has been attacking this judge mercilessly in social media, calling him psychotic, calling him an animal, calling him partisan, saying that he's conflicted and he's biased and nothing he's doing is appropriate and it's unconstitutional and it'll impair the constitutional rights of the presidency. Let me remind Donald Trump that your own lawyers did not think that the immunity decision applied to your conduct. Your, your own lawyers did not believe that the immunity decision applied to your conduct in the Stormy Daniels case instead. They argued that certain evidence about after you were president may have been barred by the immunity decision. And the judge already addressed that and said it wasn't official misconduct or official conduct. It was private conduct while you were president, after you took office, after you won the election, after you interfered with it, with the Stormy Daniels payments and the conspiracy there. And even if it, and even if it was, even if any of that were true, it's harmless error. Good day, sir. Now, we're still waiting for that new motion. Get ready. Get ready, everybody. You're not going to let me make the prediction right here on Midas Touch. You're not going to see a motion for jury to vacate the verdict against Donald Trump because of jury misconduct. You're never going to see that motion. You're never going to see this juror file an affidavit or a sworn statement. I don't believe you're ever going to see that. I don't believe that Donald Trump is going to win the next motion. I think he's going to lose the motion to have the conviction thrown out on justice grounds. And then we're going to be up to sentencing. And I'll take it from there. On my next hot take. Thanks for being on Legal AF and the Midas Touch Network. Take a minute. Hit the subscribe button here on the Midas Touch Network and over on the Legal IAF YouTube channel that I'm the chief curator for called Legal AF MTN. Till my next reporting. I'm Michael Popak. In collaboration with the Midas Touch Network we just launched the Legal AF YouTube channel. Help us build this pro democracy channel where I'll be curating the top stories, the intersection of law and Politics. Go to YouTube now and free subscribe at legal a FMTN. That's legal AFMTN.
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