A New York appeals court has denied former President Donald Trump's petition to change the venue of his upcoming hush money trial and postpone the proceedings. Trump's attorneys had argued that their client cannot receive a fair jury in New York due to pretrial publicity, but Associate Justice Lizbeth González quickly denied the motion to stop the trial after hearing arguments on Monday.
Trump's legal team filed the petition in the state appellate court earlier in the day, just one week before the trial is set to begin. During the hearing, Trump attorney Emil Bove reiterated the arguments made in a previous motion submitted to Judge Juan Merchan, citing a survey and media study to support their claim that the pretrial publicity in New York County, which is Manhattan, makes it impossible to proceed with jury selection in a fair manner.
Manhattan District Attorney's Office Chief of Appeals Steven Wu countered that it was too late for Trump's lawyers to make this petition so close to the start of the trial. He argued that the proper process is for Trump to renew a request for a change of venue if it appears they cannot seat a fair jury from New York County during the jury selection process.
Wu also challenged the notion that the publicity surrounding the case is inherently prejudicial, stating that the articles for the most part are "even-handed coverage" summarizing the allegations. He emphasized that the mere fact that jurors know about the case does not indicate bias and that the publicity is largely due to Trump's own actions.
In a related development, Judge Juan Merchan released the jury questionnaire for the hush money trial on Monday. The 42-question form covers a wide range of topics, from prospective jurors' neighborhoods and professions to their media consumption and potential affiliations with groups like the Proud Boys or the QAnon movement.
Notably absent from the questionnaire are explicit questions about political party affiliation, voting history, or political contributions. Judge Merchan pushed back on Trump's attorneys' contention that a potential juror's political affiliation and whether they like the former president is important to jury selection, stating that such questions are irrelevant and do not go to the issue of a prospective juror's qualifications.
The questionnaire does, however, ask about prospective jurors' personal, familial, or close friend's ties to Trump or the Trump Organization, as well as their engagement in activities that would reflect political support for Trump or any anti-Trump groups or organizations. It also inquires about their consumption of books or podcasts by Michael Cohen, Trump's former lawyer and a central witness in the case, and former Manhattan prosecutor Mark Pomerantz, who also wrote a book about the case.
In his letter accompanying the questionnaire, Judge Merchan informed attorneys that prospective jurors will be identified by the number printed on their jury summons to ensure anonymity. He also ruled out conducting individual interviews with prospective jurors who say they're unable to serve, deeming the step unnecessary and time-consuming.
The jury questionnaire and instructions come as Trump faces 34 felony counts of falsifying business records in connection with hush money paid to adult film star Stormy Daniels during the 2016 presidential campaign. The former president has pleaded not guilty to all charges.
