Don’t Expect the Jury to Save Us From Trump
In my Washington Monthly column today, I argued that Joe Biden and his campaign team can’t hinge their reelection strategy on the assumption Donald Trump will be found guilty in the Stormy Daniels hush money trial.
A guilty verdict can never be preordained. Moreover, three of the first seven jurors seated made comments in the selection process that were somewhat favorable to Trump.
At least, that was the case when my column published this morning.
Since then, one of those three jurors was excused after questions were raised about his honesty. (Another was excused after Fox News’s Jesse Watters drew attention to her, as several other news outlets also did albeit less pointedly, compromising her identity.)
The caution displayed by Judge Juan Merchan is heartening, but the inherently random nature of jury selection should still keep expectations of a guilty verdict low.
More on that shortly, but first, here’s what’s leading the Washington Monthly website:
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Day Two of the Trump Cover-Up Trial: Contributing Editor Jonathan Alter, one of the few reporters inside the courtroom for Trump’s hush money trial, provide a close-up look at the jury selection process. Click here for the full story.
The Putin Republicans Have the Upper Hand: Contributing Writer David Atkins sees Russian influence taking over the GOP. Click here for the full story.
Biden Isn’t Talking About Trump’s Hush Money Trial, For Good Reason: My case for keeping the focus on the policy contrast between Biden and Trump. Click here for the full story.
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The dismissals of who were briefly known as Jurors #2 and #4 still leaves on the jury two others who made comments that raise an eyebrow.
Juror #5 said, “President Trump speaks his mind. And I’d rather that than someone who’s in office who you don’t know what they’re thinking.” And Juror #7 relayed that he agrees with some of Trump’s policies, but not others.
I can’t argue that either of these jurors are sure to be biased in Trump’s favor, or that every other one is sure to be impartial.
But I’m not going to put much faith in 12 people who appear to have a tenuous relationship with the news to see things the way I would.
A unanimous decision beyond a reasonable doubt by a jury of randos peers is a very high standard for prosecutors to meet.
Which is how it should be. In the American system of justice, it is supposed to be hard to reach guilty verdicts.
Furthermore, our justice system was not designed to fix our politics.
Trump will get a trial that is as fair as can possibly be. And then the political campaign will continue.
No matter what happens in the courtroom, if Trump is to be ultimately defeated, it will be at the ballot box.
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Best,
Bill
