Slate's senior legal writer Mark Joseph Stern discusses the challenges and pitfalls of the first criminal trial of a former President. They cover the jury selection process in Manhattan, concerns about armed insurrection, civil rights protections in the workplace, and exclusive SCOTUS analysis for Slate Plus members.
The jury selection process for Trump's trial faces unique challenges, requiring impartial jurors without strong opinions of Trump.
The presence of lawyers among potential jurors adds complexity, potentially influencing others' opinions based on legal understanding.
Opening arguments in Trump's trial will reveal prosecution's narrative and introduction of witnesses, shaping the case's unfolding story.
Deep dives
Challenges in Selecting Jurors
The jury selection process for former President Trump's trial faces unique challenges. While the Manhattan jury pool is not Trump friendly, finding jurors without strong opinions of Trump is essential. The defense and prosecution navigated the difficulty of selecting an impartial jury, with some jurors expressing negative views of Trump. The process involved questioning potential jurors about their opinions on Trump and their ability to be impartial, highlighting the complexity of the selection process.
Implications of Jury Composition
The presence of lawyers among potential jurors in Trump's trial adds a layer of complexity. Jurors with legal backgrounds might influence others' opinions on the case based on their understanding of the law. The potential risk is that jurors could defer to these legal perspectives rather than forming their own conclusions, representing a challenge for both the prosecution and defense in shaping the jury.
Witnesses and Opening Arguments
The upcoming week in Trump's trial is expected to feature opening arguments from the prosecution, laying out their case. This pivotal moment will reveal the narrative each side intends to present to the jury. Additionally, the introduction of witnesses will further elucidate the unfolding story of the trial, providing insight into the evidence and testimonies that will shape the case.
Contempt of Court and Gag Order Violations
Trump's trial faces additional complications due to his behavior in court, raising the possibility of contempt of court charges. Trump's violations of the gag order by making public statements about the case could lead to legal consequences. Judge Mershon's firm handling of these violations emphasizes the need for adherence to court rules and decorum throughout the trial.
Outlook on the Trial Progression
As Trump's trial progresses, the dynamics within the courtroom continue to evolve. From juror selection challenges to the introduction of key witnesses and legal arguments, the trial sets the stage for a complex legal battle. The trial's unfolding narrative and the impact of Trump's interactions in court will shape future developments and public perceptions of the case.
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The first criminal trial of Donald Trump is finally here. This week, hundreds of possible jurors filed through Judge Juan Merchan’s courtroom in lower Manhattan. The selection process was a preview of some of the challenges and pitfalls in the first ever criminal trial of a sitting or former President. On this week’s show, Slate’s senior legal writer Mark Joseph Stern sits down with Slate jurisprudence editor and Chief Law of Trump™ correspondent Jeremy Stahl to discuss what we learned this week, and what we can expect when the trial truly gets underway next week.
In today’s bonus episode only for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern welcome Justice Clarence Thomas back from his long weekend, with a close listen to the January 6th case that was argued before the court on Tuesday.Fischer v United States is raising more alarm bells about the conservative justices’ posture toward armed insurrection. They also dig into Justice Elena Kagan’s opinion in a potentially tricky TitleVII case that, miraculously for this court, went pretty well in terms of civil rights protections in the workplace. Listen now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.