The selection of jurors in the criminal trial involving former President Donald Trump and his alleged hush money payments has become a critical factor in determining the trial’s outcome, according to legal experts. As the process of choosing 12 jurors and six alternates resumed on Thursday in Manhattan Supreme Court, attorneys on both sides are employing various strategies to select a panel that aligns with their case.
Jury selection is considered a pivotal stage in any trial, with defense attorney Michael Bachner emphasizing its potential to “win or lose” the case. Both the prosecution and Trump’s legal team have enlisted the help of jury consultants to scrutinize prospective jurors’ social media presence and identify any biases that may favor or oppose the former president.
During the initial selection process, Trump’s lawyers challenged several potential jurors based on their anti-Trump social media posts. One individual, who had shared an AI-generated video titled “I’m dumb as f–k” featuring Trump, was dismissed by the judge. Other jurors were also excused after admitting their negative views towards Trump on social media.
Attorneys are urged to ask probing questions to uncover any explicit or concealed prejudices potential jurors may hold. This allows Judge Juan Merchan to dismiss them “for cause” without requiring the use of peremptory strikes. So far, both sides have utilized six of their allotted ten peremptory strikes in seating the first seven jurors from an initial pool of nearly 100 individuals.
Another pool of 96 potential jurors is expected to arrive on Thursday, from which the remaining five jurors and six alternate jurors will be selected. Additional peremptory strikes will be granted to both sides for this purpose. The selection of the remaining jurors is anticipated to conclude within the next two days, with opening statements scheduled to commence on Monday.
Legal experts have highlighted the importance of selecting jurors who can set aside personal biases and follow the law. Bachner, who successfully defended Sean “Diddy” Combs in a high-profile gun charges case, suggested that Trump’s legal team should aim for a “disrupter” on the jury, someone who will not conform to the majority opinion. Bachner emphasized the likelihood of jurors wanting to convict Trump, making the selection process even more crucial.
The efficiency of the jury selection process has surprised some experts, who attribute it to Judge Merchan’s effective management of the courtroom. While the process has been moving rapidly, attorneys Jeremy Saland and Bachner noted that this could be due to the judge accepting prospective jurors’ claims of bias without extensive probing. Saland, a former prosecutor, mentioned that in less complex cases, jury selection can often take up to a week.
Trump, in a social media post, inaccurately claimed that he should have had “unlimited” opportunities to remove jurors. However, state rules grant defendants the unlimited right to remove jurors only for “cause.” Legal experts, including Bachner and Saland, affirmed that Trump’s legal team, being highly professional and experienced, would have informed him of this fundamental rule.
