唐纳德·特朗普的律师敦促纽约法官刑事封口费案基于未宣誓的对“陪审员严重不当行为”的指控，他的定罪被检察官描述为模糊和“看起来不准确”。
尽管特朗普的律师辩称，这些指控说明了“这些诉讼程序的明显不公平”，但法官胡安·马尔康批评特朗普的律师提出了“完全由未经宣誓的指控组成”的指控，并反对举行允许审查指控的听证会。
“对陪审员不当行为的指控应该彻底调查。然而，本法院被禁止仅仅根据道听途说和猜测来决定此类索赔，”Merchan写道，除非特朗普的律师提供宣誓声明或同意就此事举行听证会，否则基本上拒绝了这些索赔。
特朗普的说法包含在周一公开的法庭文件中，但具体的指控被编辑了。
辩护律师托德·布兰奇和埃米尔·博韦——上个月谁赢了被提名到最高职位在司法部-声称发现了陪审员行为不当的证据，质疑他们所谓的“陪审团做出的高度可疑的裁决的可疑有效性。”
特朗普是被判有罪今年5月，他面临34项伪造商业记录的重罪指控，这些记录与封口费向成人电影女演员斯托米·丹尼尔斯支付的款项有关，以提高他在2016年总统大选中的选举前景。
Merchan法官已经无限期推迟对特朗普的宣判特朗普上个月再次当选后，这位当选总统试图以总统豁免权为由驳回此案。
特朗普的律师援引总统豁免权和其他正在进行的诉讼，告诉Merchan他们反对举行听证会，审查他们对陪审员不当行为的指控，而是要求法官在考虑特朗普驳回案件的未决动议时权衡这些指控。
“这种行为是完全不可接受的，它毫无疑问地表明，这个案件的判决就像达·布拉格保护曼哈顿人免受暴力犯罪侵害的承诺一样不可靠，”辩护律师说，他指的是提起此案的曼哈顿地方检察官·阿尔文·布拉格。
检察官在一份文件中辩称，陪审团不当行为的指控模糊不清，未经检验，特朗普的律师拒绝包括一份宣誓声明。他们写道，声称的索赔来源直接告诉特朗普的律师，他们对指控的总结“包含不准确之处，不包含我从未分享的额外信息”，他们拒绝签署宣誓证词。
“被告不能通过坚持要求法庭将他未经宣誓且看似不准确的陪审团不当行为指控视为真实来缩短这一过程，”检察官说。
检察官声称，特朗普的律师正在回避评估这些主张的适当机制，将它们插入公共领域，同时“反对任何正确评估它们的努力”。
“被告不想参加旨在评估这些主张的听证会。相反，他想利用他的律师提出的这些未经宣誓、未经检验的主张来破坏公众对判决的信心，”他们在文件中说。
法官Merchan在很大程度上站在检察官一边，拒绝考虑这些指控，除非特朗普的律师根据宣誓指控或通过听证会评估的陪审员不当行为的指控，特别采取行动撤销判决，他们迄今为止还没有这样做。Merchan仍然允许双方对他们的文件进行重大修订。
“本法院认为，允许公开归档这封信而不进行编辑，也没有听证会的好处，只会破坏这些程序的完整性，同时将陪审员的安全置于严重风险之中，”Merchan写道。
交易所是在周一交易的时候成立的，拒绝了特朗普的要求撤销基于最高法院总统豁免权的判决。
特朗普曾试图驳回他的刑事起诉，并撤销陪审团的裁决，理由是检察官在今年早些时候的审判中，提出了与特朗普作为总统的官方行为有关的证据，根据最高法院随后的裁决，特朗普是不可接受的有权享有推定豁免任职期间的官方行为免于刑事起诉。
Merchan裁定，该案的证据“完全与非官方行为有关”，并且“不会对行政部门的权力和职能构成侵犯的危险。”
Trump claims jury misconduct in latest attempt to discredit hush money conviction
Donald Trump's lawyers are urging the New York judge in hiscriminal hush money caseto throw out his conviction based on unsworn allegations of "grave juror misconduct" that prosecutors have described as vague and "seemingly inaccurate."
While Trump's lawyers argued the claims illustrate "the manifest unfairness of these proceedings," Judge Juan Merchan criticized Trump's lawyers for making claims consisting "entirely of unsworn allegations" and for opposing a hearing that would allow the allegations to be vetted.
"Allegations of juror misconduct should be thoroughly investigated. However, this Court is prohibited from deciding such claims on the basis of mere hearsay and conjecture," wrote Merchan, largely rejecting the claims unless Trump's attorneys provide sworn statements or consent to a hearing on the matter.
Trump's claims were included in court filings unsealed on Monday, but the specific allegations were redacted.
Defense lawyers Todd Blanche and Emil Bove -- who Trump last monthnominated to top positionsin the Department of Justice -- claimed to have uncovered evidence of juror misconduct that calls into question what they call the "dubious validity of the highly suspect verdicts rendered by the jury."
Trump wasfound guiltyin May on 34 felony counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
Judge Merchan haspostponed Trump's sentencing indefinitelyfollowing Trump’s reelection last month, as the president-elect has sought to have the case dismissed on the grounds of presidential immunity.
Trump's lawyers, citing presidential immunity and other ongoing litigation, told Merchan they oppose a hearing examining their claims of juror misconduct, and instead asked the judge to weigh the claims as he considers Trump's pending motion to throw out the case.
"This behavior is completely unacceptable, and it demonstrates without question that the verdicts in this case are as unreliable as DA Bragg's promise to protect Manhattanites from violent crime," the defense lawyers said, referring to Manhattan District Attorney Alvin Bragg, who brought the case.
Prosecutors argued in a filing that the jury misconduct claims are vague and untested, and that Trump's lawyers declined to include a sworn declaration. They wrote that the alleged source of the claims directly told Trump's lawyers that their summary of the allegations "contains inaccuracies and does not contain additional information that I never shared," and that they declined to sign a sworn affidavit.
"Defendant cannot short-circuit this process by insisting that this Court treat his unsworn and seemingly inaccurate allegations of jury misconduct as true," prosecutors said.
Prosecutors alleged that Trump's lawyers are avoiding the proper mechanism to evaluate the claims by inserting them into the public domain while "opposing any endeavor to properly evaluate them."
"Defendant does not want to participate in a hearing designed to evaluate these claims. He wants instead to use these unsworn, untested claims by his attorneys to undermine public confidence in the verdict," their filing said.
Judge Merchan largely sided with prosecutors, declining to consider the claims unless Trump's lawyers specifically move to vacate the verdict due to allegations of juror misconduct based on sworn allegations or evaluated through a hearing, which they so far have not done. Merchan still allowed both sides to docket their filings with significant redactions.
"This Court finds that to allow the public filing of the letter without redactions and without the benefit of a hearing, would only serve to undermine the integrity of these proceedings while simultaneously placing the safety of the jurors at grave risk," Merchan wrote.
The exchange comes as the Merchan, on Monday,rejected Trump's requestto vacate the verdict in the case based on the Supreme Court's presidential immunity decision.
Trump had sought to dismiss his criminal indictment and vacate the jury verdict on the grounds that prosecutors, during the trial earlier this year, introduced evidence relating to Trump's official acts as president that was inadmissible based on the Supreme Court's subsequent ruling that Trump isentitled to presumptive immunityfrom criminal prosecution for official acts undertaken while in office.
Merchan ruled that the evidence in the case related "entirely to unofficial conduct" and "poses no danger of intrusion on the authority and function of the Executive Branch."
