The criminal trial of an ex-president is new territory for the court system.
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.
