An attorney for Donald Trump claimed on Sunday that the former president would not be treated fairly if his criminal trial proceeds in Manhattan, and would seek to have it moved.
“The issue with venue is that Manhattan was like 87 per cent pro-Joe Biden in the last election. It’s a real stronghold of liberalism, of activism, and that infects the whole process,” Jim Trusty told ABC’s morning show, This Week.
However, Mr Trusty said the legal team’s top priority was filing a motion to dismiss the charges against Mr Trump.
Under New York law, a judge can decide to move proceedings if defense lawyers successfully argue that their client wouldn’t receive a fair trial in the jurisdiction where the crime allegedly occurred.
Mr Trump demanded that criminal proceedings be moved out of Manhattan to Staten Island ahead of his court appearance on Tuesday.
The former president posted on his social media site, Truth Social, that the case was being brought in a “VERY UNFAIR VENUE, WITH SOME AREAS THAT VOTED 1% REPUBLICAN”.
Staten Island is the only New York borough that voted in favour of Mr Trump in the 2016 and 2020 elections.
The former president was charged with 34 counts of falsifying business documents on Tuesday by Manhattan District Attorney Alvin Bragg.
The charges stem from a “catch-and-kill” scheme which Mr Trump’s former attorney Michael Cohen alleges that he carried out on his behalf to suppress damaging allegations during the 2016 campaign.
Porn star Stormy Daniels and former Playboy model Karen McDougal, have both alleged extra-marital affairs with Mr Trump. Ms Daniels allegedly accepted $130,000 from Cohen to sign a non-disclosure agreement barring her from sharing her story. Ms McDougal sold the rights to her story to American Media Inc, whose Trump-allied CEO David Pecker allegedly buried it.
Mr Trump plead not guilty to the charges in the Manhattan courtroom on Tuesday.
He has characterised the prosecution as part of a supposed effort by his political enemies to block his campaign for the presidency in 2024.