Civil Discourse Now

Where the far left and far right overlap for fun and enlightenment

Jury nullification & prosecution of trump

Possibility: trump is indicted in U.S. District Court, for the Southern District of New York for tax evasion. During voir dire (jury selection) each eventual juror testifies to having an open mind & no pre-conceived notion of guilt or innocence. The evidence of guilt is slam-dunk... 1/7

After closing arguments, the jury deliberates for two weeks. Finally the court declares a mistrial because one juror held out and voted “not guilty.” “Jury nullification” is a concept: juror(s) can disregard instructions and vote as s/he or they wish & not be punished. 2/7

Jury trial in Fed crim cases is protected (6th Amend) & guilty verdict must B unanimous. Ramos v Louisiana (2020). If 1juror votes NG, defendant NOT convicted, mistrial is declared & usually another trial is option for prosecution. If trump is indicted, jury selection is crucial. 3/7

The far right (incl some evangelicals) loves jury nullification w/descriptions of what ppl should do, in some types of cases, if called for jury service. A MAGA juror in a trump prosecution would make the trial a waste of time. A “runaway juror” is a common concern. 4/7

Before voir dire, lawyers for both sides will (no doubt) do max research possible but w/the info available. A Fed district court can limit info if judge determines there’s an unusual risk to the jurors. See U.S. v. Barnes, 604 F.2d 121 (2d Cir 1979). 5/7

Also Jan 6 showed how imprudent posts on social media can be used as evidence. A reasonable possibility: a potential juror’s FB posts lauding trump in near-divine terms are grounds for what is a successful motion to strike, for cause, that potential juror. 6/7

Then there’s this: double jeopardy does not bar prosecution for other offenses or for similar offenses in other (usually State) jurisdictions. That has been the law for many years. There is no reason to believe it will be overturned by the Supreme Court. Oh. Wait... 7/7

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