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The Trump team and the prosecution grapple with the former president's visceral views

The Trump team and the prosecution grapple with the former president's visceral views

 


If the prosecution and defense in the secret trial of former President Donald Trump can agree on one thing, it's this: He's not quite like the other defendants.

He was the most powerful man in the world and he wants that position back. His mastery of media, including social platforms, made him known to virtually every American. The vast majority of them have strong visceral reactions to him, with just over a third rating him as likable, according to Gallup.

“We may be in an alternative universe, because President Trump is known to everyone,” his lawyer Todd Blanche said on Tuesday, on the second day of the trial.

Prosecutor Joshua Steinglass echoed him: Everyone, including their mother, has an opinion on this case and the right outcome.

This presents the court and its officers with a conundrum: There may not be 12 eligible jurors in New York or the United States, for that matter, who don't know how they feel about Trump.

Incredibly, Judge Juan Merchan had to evaluate Tuesday whether several jurors' social media posts about Trump made them unfit to serve. This just doesn't happen in many trials.

But this first prosecution of a president, sitting or former, sets new precedent after new precedent.

No lawyer has ever had to ask prospective jurors whether they could put aside their personal feelings about a president, sitting or former, in judging whether he is guilty of a crime. And yet, early Tuesday afternoon, Blanche and Steinglass had done just that.

“We try to choose a jury that can be fair to both sides,” Steinglass said in opening the selection process, or voir dire. “This matter has nothing to do with your personal politics. (…) This is not a referendum on the Trump presidency.”

Blanche pushed a complementary line. He asked potential jurors their opinions of Trump regardless of the current trial to gauge whether they might be too biased to judge him fairly. Before the lunch break, the group assured him that it was possible.

When the trial resumed around 2:15 p.m., Blanche was armed with politically charged social media posts from jurors who had promised to be impartial. Merchan allowed him to call those jurors back to the stand to question them about the messages.

Some potential jurors have been struck for cause. One had posted “lock him up” after a court struck down Trump's restrictions on U.S. travel as president, Merchan said.

Later, one was removed from office after volunteering: “As much as I would love to serve for New York and one of our great presidents, I cannot serve because of my work. I can't take six weeks off.

But Merchan drew the line when Blanche tried to eliminate a juror by pointing to her husband's story.

These are messages from more than eight years ago, not involving the juror, but involving the juror's husband, Merchan said, adding that he was reassured if it was the worst thing you could find about this juror.”

It was not impossible to find jurors acceptable to both sides. Seven of them were seated at the end of Tuesday's session. That left six additional regular jurors and “about six” alternate jurors to choose from, Merchan said.

This group of a dozen, plus the six reserves, will be charged with the very ordinary task of applying fact to law and the extraordinary challenge of ignoring Trump in the room.

Sources

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2/ https://www.nbcnews.com/politics/donald-trump/trump-jury-strong-opinions-rcna148061

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