Finding Jurors for an Unprecedented Trial
The criminal trial of an ex-president is new territory for the court system.
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Updated at 6:17 p.m. ET on April 16, 2024
Donald Trump is among the most famous and most polarizing people alive. The task of selecting 12 impartial jurors who can render a fair verdict in the criminal trial of a former president is a first for America’s court system.
First, here are four new stories from The Atlantic:
A Reasonable Middle Ground
Yesterday, jury selection began in Donald Trump’s first criminal trial, and today, seven jurors were selected. The New York trial, centered on accusations that Trump falsified business records to conceal a hush-money payment to the porn star Stormy Daniels, may be the only of Trump’s various legal cases to wrap up before the November election. Many Americans are set on their hopes for the trial’s outcome before it begins, which makes finding impartial jurors a real challenge. Ninety-six potential jurors were called into the courtroom yesterday—an usually large number—and more than half of them quickly raised their hand to say they couldn’t be impartial and thus needed to be dismissed. Some prospective jurors who had indicated yesterday that they could be impartial changed their mind today.
The task of the judge is not necessarily to select people who have no feelings about Trump—that’s near-impossible. Rather, the point is to select people who can be impartial (about both Trump and other potential witnesses), listen to evidence, and follow the law and the rules given by the court, Sharon Fairley, a professor from practice at the University of Chicago Law School, told me. The jurors selected so far, whose names haven’t been released, reportedly include a young corporate lawyer, a man originally from Ireland who works in sales, and a young Black woman who said that some of her friends have strong opinions about the former president but that she is not a political person.
Criminal convictions, Fairley reminded me, require a unanimous decision from the jury. So Trump’s lawyers are likely hoping for even a single holdout—a person who is independent in their thinking and perhaps not a stickler for following rules. The government’s lawyers, for their part, are likely looking for people who are intelligent and discerning, who believe in the rule of law, and who are able to see through the “smoke and mirrors” that the Trump defense may introduce to the courtroom, Fairley said. Lawyers from either side can dismiss 10 potential jurors for any reason (so far, both Trump’s lawyers and the prosecution have done this with six potential jurors). Beyond that, Fairley explained, the judge has discretion in selecting people who he feels could credibly set aside personal feelings to render a fair judgment.
Trump has held tight to his narrative that this trial is a politically motivated “witch hunt,” a tactic that will only add to the court’s unique challenges here. Usually, the prosecution is more likely to generate publicity about criminal trials than the defense, Valerie Hans, a law professor at Cornell University, told me in an email—most defendants do not “have the public microphone of Donald Trump.” Already, Hans noted, one prosecutor, Joshua Steinglass, has been trying to draw a distinction for prospective jurors between what they have seen about the trial in the news and the actual evidence that they will go on to see.
Part of the court’s challenge is weeding out people who are actually able to be impartial versus those who say they are because they want to get on the jury for their own reasons, James J. Sample, a law professor at Hofstra University, told me in an email. Ideological jurors could come from either side, Sample noted: “Yes, Manhattan is mostly blue. But might there be one true believer who wants to cement themselves as a MAGA hero? Absolutely.”
How each prospective juror voted will be of interest to lawyers on either side, but it likely won’t be the deciding factor in who gets placed on the jury—and lawyers aren’t allowed to ask that question directly. Justice Juan M. Merchan’s 42 questions for would-be jurors, including ones about whether they are part of advocacy groups or have attended campaign events for Trump (or anti-Trump groups), “suggest an attempt to find a reasonable middle ground here—not ruling out anyone who has some views on Trump or disqualifying them based on their vote in 2020 or 2016, but also making sure they’re not rah-rah activists either for or against,” my colleague David Graham told me.
There’s also a simple irony at the core of this whole process: The type of person best suited to be a thoughtful and credible juror in this case will almost by definition know something about Donald Trump. “A hypothetical juror who had never heard of Mr. Trump at all,” Sample acknowledged, “would be such an uninformed citizen as to be of suspect legitimacy from the jump.”
The trial is expected to last about six weeks (though it could take longer). After the rest of the jury is chosen, the trial proceedings will kick off in earnest, with former Trump-world figures including Michael Cohen and possibly even Stormy Daniels herself expected to testify. But in the meantime, the public and the defendant (who seemed to nod off on the first day) will need to sit through more of the same. As David told me, “Monday’s start to the trial was both huge in historic terms and mostly very boring in substance.”
Related:
Today’s News
- The U.S. Supreme Court justices considered whether the Justice Department can charge January 6 defendants with violating an obstruction statute—a decision that could affect the election-interference case against Donald Trump.
- Israel’s military chief said yesterday that Iran’s recent strike “will be met with a response” but did not specify a timeline or the scale of a retaliatory attack.
- A federal appeals court ruled that a West Virginia law, which bans transgender girls and women from playing on certain sports teams, violates the Title IX rights of a teen athlete.
Evening Read
What Happens When You’ve Been on Ozempic for 20 Years?
By Gary Taubes
Of all the wonder drugs in the history of medicine, insulin may be the closest parallel, in both function and purpose, to this century’s miracle of a metabolic drug: the GLP-1 agonist. Sold under now-familiar brand names including Ozempic, Wegovy, and Mounjaro, these new medications for diabetes and obesity have been hailed as a generational breakthrough that may one day stand with insulin therapy among “the greatest advances in the annals of chronic disease,” as The New Yorker put it in December.
But if that analogy is apt—and the correspondences are many—then a more complicated legacy for GLP-1 drugs could be in the works. Insulin, for its part, may have changed the world of medicine, but it also brought along a raft of profound, unintended consequences …
With the sudden rise of GLP-1 drugs in this decade, I worry that a similar set of transformations could occur.
More From The Atlantic
- How the Biden administration messed up FAFSA
- Salman Rushdie strikes back.
- The myth of the mobile millionaire
- Trump’s presidential-immunity theory is a threat to the chain of command.
Culture Break
Care for a loved one. With the right amount of self-awareness, you can learn parenting lessons from raising a dog, Kate Cray writes.
Watch. Recent prestige TV shows have featured difficult men: heroes who are resolutely alienated, driven to acts of violence they don’t want to inflict and can’t enjoy, Sophie Gilbert writes.
Stephanie Bai contributed to this newsletter.
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